Thomas W. Croome v. Sandra Amoia, et al.

Summary

The United States District Court for the Western District of New York administratively terminated Thomas W. Croome’s 42 U.S.C. § 1983 action because he neither paid the filing and administrative fees nor submitted an application to proceed in forma pauperis. The court granted him 30 days to reopen the action by submitting a complete in forma pauperis application or paying the required $405 total, and deferred statutory screening until reopening.

Holdings

1. When a prisoner commencing a civil action neither pays the required filing and administrative fees nor submits an application to proceed in forma pauperis, the Clerk may administratively terminate the action without filing the complaint or assessing a filing fee, subject to reopening upon compliance with the court's requirements.
2. The court may defer screening under 28 U.S.C. §§ 1915(e)(2) and 1915A until an administratively terminated prisoner action is reopened after proper commencement.
3. Administrative termination under the order is not a dismissal for statute-of-limitations purposes, and the action may be reopened within the specified period upon compliance with the order.

Questions Presented

1. Whether the court may administratively terminate a prisoner's civil action when the prisoner neither pays the required filing and administrative fees nor submits an application to proceed in forma pauperis.
2. Whether mandatory prisoner screening under 28 U.S.C. §§ 1915(e)(2) and 1915A should occur before the action is properly commenced.

Disposition

other