Franquet v. Martuscello
- Kenneth Karas
- 7:25-cv-03585
- U.S. District Court · Southern District of New York
- 2
In Franquet v. Martuscello, Judge Swain ordered a corrected prisoner authorization or payment of fees within 30 days before the case could proceed.
Julius C. Franquet, Jr., and the processing of his prisoner civil action in the Southern District of New York.
What happened
In Franquet v. Martuscello, Julius C. Franquet, Jr., who is incarcerated and representing himself, submitted an application to proceed without paying court fees upfront and a prisoner authorization. The authorization, however, directed withdrawals to the wrong federal district.
The court gave Franquet 30 days to either pay the $405 filing and administrative fees or submit a corrected authorization directing installment payments to the Southern District of New York. The court said no summons would issue at that time and warned that the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not qualify for fee-free status because it would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Franquet v. Martuscello · No. 7:25-cv-03585
- Kenneth Karas
- May 7, 2025
Background
Julius C. Franquet, Jr. filed this civil action while incarcerated at Fishkill Correctional Facility and represented himself. A prisoner who wants to proceed without prepaying filing fees must submit an application for permission to proceed without prepayment and a signed prisoner authorization. The authorization permits installment withdrawals from the prison account and requires certified account statements for the preceding six months.
Franquet submitted both documents, but his prisoner authorization directed the withdrawals to the Northern District of New York rather than the Southern District of New York. The opinion does not address the merits of his underlying claims.
Order
The court ordered Franquet, within 30 days of May 7, 2025, to either pay the $405 in fees or complete and submit the attached prisoner authorization. If he submits the authorization, it must identify docket number 1:25-CV-3585 (LTS). No summons would issue at that time. The court stated that, if Franquet complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would 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 therefore denied fee-free status for an appeal. The court also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a strike under 28 U.S.C. § 1915(g).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.