Hunter v. The United States of America

Background

Tyrone Hunter filed a civil action against the United States of America and other defendants. The opinion states that Hunter is incarcerated at FCI Otisville and is proceeding without a lawyer. He submitted the complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s order

The court explained that a prisoner must either pay $405 in fees—$350 for the filing fee and $55 for the administrative fee—or request permission to proceed without prepaying fees. To make that request, Hunter must submit a signed application and a prisoner authorization. The authorization allows deductions from his prison account in installments toward the $350 filing fee and requires certified account statements for the previous six months. The court also noted that the $55 administrative fee does not apply to a person granted this status.

The court ordered Hunter, within 30 days of the order, to either pay the $405 or submit the required application and authorization labeled with docket number 24-CV-3778 (LTS). No summons will issue at this time. If Hunter complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the allowed time, the action will be dismissed.

Appeal and other warnings

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also warned that certain future dismissals of prisoner cases may count as strikes under 28 U.S.C. § 1915(g). The court did not address the merits of Hunter’s claims.