Jaime v. New York State Department of Corrections and Community Supervision

Background

Luis Jaime, who is incarcerated at Wende Correctional Facility, filed this civil action without a lawyer. He submitted an application to proceed without prepaying the court’s fees, but he did not submit the required prisoner authorization.

Court’s Order

The court explained that a prisoner who seeks permission to proceed without prepaying fees must submit both an application and a prisoner authorization. The authorization directs the correctional facility to deduct the $350 filing fee from the prisoner’s account in installments and to send the court certified account statements for the previous six months. The separate $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Within 30 days of the order, Jaime must either pay the full $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 24-CV-4091 (LTS). No summons will issue at this time. If Jaime 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 Additional Warning

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 court also warned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g), potentially limiting a prisoner’s ability to proceed without prepaying fees after three strikes, subject to the statutory exception for imminent danger of serious physical injury.