Gary Dee Bice v. Andrea Beth Cotner

Summary

The United States District Court for the Eastern District of Missouri denies Gary Dee Bice’s application to proceed without prepaying fees or costs because he failed to submit a certified six-month inmate trust account statement. The court gives him until May 8, 2026, to prepay the filing fee or submit a proper application and certified account statement, and also denies his motion to appoint counsel.

Holdings

1. A prisoner seeking to proceed without prepaying fees or costs must submit a certified copy of the institutional trust-fund account statement for the six-month period immediately preceding the filing of the complaint; because plaintiff failed to do so, his application was properly denied.
2. Appointment of counsel was denied because plaintiff had not properly shown indigence, had not completed the motion, and the case did not appear at that stage to present circumstances warranting appointment of counsel.

Questions Presented

1. Whether plaintiff satisfied the statutory requirements to proceed in district court without prepaying fees or costs.
2. Whether plaintiff's motion for appointment of counsel should be granted.

Disposition

other