Montes v. Miller

Background

Germaine Montes filed this civil action against Mark Miller, identified in the caption as a superintendent, and other defendants. The opinion states that Montes is incarcerated at Green Haven Correctional Facility and is representing himself. He filed 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 filing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or request permission to proceed without prepaying fees by submitting a signed application and a prisoner authorization. If permission is granted, the $350 filing fee must be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to provide certified account statements for the previous six months and to make the required deductions.

The court ordered Montes, within 30 days of the order, to either pay the $405 or submit the application and prisoner authorization. The documents must identify docket number 24-CV-4141 (LTS). The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if Montes complied and that the action would be dismissed if he did not comply within the allowed period.

Appeal and classification

The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This is a procedural order because it addresses filing fees and authorization to proceed, not the underlying claims.