Johnny Ray Foster v. NaphCare Incorporated, et al.

Summary

The United States District Court for the District of Arizona orders pro se prisoner Johnny Ray Foster to pay the $350 filing fee and $55 administrative fee or submit a complete application to proceed in forma pauperis with a certified six-month trust-account statement within 30 days. The order warns that failure to comply may result in dismissal without prejudice and includes instructions and a court form for prisoners seeking in forma pauperis status.

Holdings

1. A prisoner commencing a civil action must either pay the $350 filing fee and $55 administrative fee or submit a properly executed application to proceed in forma pauperis with the required affidavit and certified six-month trust-account statement.
2. If Plaintiff fails within 30 days to pay the required fees or file a complete in forma pauperis application and certified trust-account statement, the Clerk must enter judgment dismissing the action without prejudice and without further notice.

Questions Presented

1. What must a prisoner submit to proceed with a civil action without prepaying filing fees?
2. What consequence may follow if a prisoner fails to pay the required fees or submit a complete in forma pauperis application and certified six-month trust-account statement within the court-ordered period?

Disposition

other