Crumbsie v. Blake or Burke

Background

Spencer T. Crumbsie, who is incarcerated at Westchester County Jail, brought this civil action without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the separate prisoner authorization required for a prisoner seeking that status.

Order

The court explained that filing a civil action generally requires $405 in fees: a $350 filing fee and a $55 administrative fee. A prisoner who is allowed to proceed without prepaying fees must still pay the $350 filing fee in installments under the Prison Litigation Reform Act. The prisoner authorization permits the facility holding the prisoner to deduct those installments from the prison account and requires certified account statements for the previous six months to be sent to the court.

Within 30 days of the order, Crumbsie must either pay the full $405 or complete and submit the prisoner authorization, labeled with docket number 25-CV-3780 (LTS). No summons will issue at this time. If he complies, the Clerk’s Office will process the case under its procedures. If he fails to comply within the allowed time, the action will be dismissed.

Appeal and Other Warnings

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 order also cautioned that certain future dismissals of prisoner cases may count as “strikes” under 28 U.S.C. § 1915(g), potentially affecting a prisoner’s ability to proceed without prepaying fees after three such strikes, subject to the statutory exception for imminent danger of serious physical injury.

Ruling

Judge Laura Taylor Swain directed Crumbsie to pay the fees or submit the prisoner authorization within 30 days. The order addresses filing requirements and does not decide the merits of Crumbsie’s claims against Correctional Officer Blake or Burke.