Gumora v. Trigueno

Background

Joshua Gumora filed this civil action against NYC Correctional Officer Luz Trigueno and other defendants. The opinion states that Gumora is currently incarcerated at the Robert V. Davoren Center on Rikers Island and is proceeding without a lawyer. He submitted the complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Filing-fee requirements

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 submit a signed application to proceed without prepaying fees and a prisoner authorization. If permission to proceed without prepaying fees is granted, the $350 filing fee must be collected in installments from the prisoner's account. The authorization also directs the correctional facility to deduct those payments and provide certified account statements for the previous six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order

Within 30 days of March 17, 2025, Gumora must either pay the $405 in fees or submit the required application and prisoner authorization, labeled with docket number 25-CV-2096 (LTS). No summons will issue at this time. If Gumora complies, the case will be processed under the Clerk's Office procedures. If he does not comply within the allowed time, the action will be dismissed.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not address the merits of Gumora's claims. A footnote cautioned that a future dismissal of a prisoner's federal civil action as frivolous, malicious, or for failure to state a claim can count as a filing "strike" under 28 U.S.C. § 1915(g).