In Re: Anjelu Sajetta

Background

The plaintiff, who is incarcerated at the Rikers Island - West Facility Annex and is proceeding without a lawyer, filed a civil complaint without paying the required 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 must either pay $405—the $350 filing fee and $55 administrative fee—or request permission to proceed without prepaying fees by submitting a signed application and prisoner authorization. If that request is granted, the $350 filing fee must still be collected in installments from the prisoner’s account. The $55 administrative fee does not apply to a person granted that status.

The court ordered the plaintiff, within 30 days of the order, to do one of those two things. The forms were to identify docket number 1:25-CV-2574 (LTS). No summons was to issue at that time. If the plaintiff complies, the case will be processed under the Clerk’s Office procedures; if the plaintiff does not comply within the permitted time, the action will be dismissed.

Appeal and Effect

The court 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 appeal without prepaying fees. The order did not address the merits of the plaintiff’s underlying claims. It also warned about the possible consequences under the federal prisoner-litigation statute if a later action is dismissed as frivolous, malicious, or for failing to state a claim.