Patillo v. Doe
- Laura Swain
- 1:25-cv-04520
- U.S. District Court · Southern District of New York
- 2
In Patillo v. Doe, Judge Swain ordered Damon Patillo to pay filing fees or submit prisoner forms, warning dismissal for noncompliance.
Damon Patillo, a detained self-represented prisoner who filed the action, must either pay $405 or submit the required application and prisoner authorization within 30 days. The action will be dismissed if he does not comply, and permission to proceed without prepaying fees for an appeal from this order was denied.
What happened
In Patillo v. Doe, Damon Patillo filed a civil action without paying the required fees or submitting a completed application to proceed without prepaying them. The opinion says he is detained at the Wet Facility Annex on Rikers Island and is representing himself.
Judge Swain gave Patillo 30 days to either pay $405 in fees or submit a signed application and prisoner authorization. The authorization would allow filing-fee payments to be taken from his account in installments. No summons would issue at that time.
Judge Swain ordered that the case would be processed if Patillo complied, but would be dismissed if he did not comply within the deadline. She also denied permission to proceed without prepaying fees for any appeal from the order.
The detailed version
- Patillo v. Doe · No. 1:25-cv-04520
- Laura Swain
- June 5, 2025
Background
Damon Patillo filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The opinion identifies Patillo as detained at the Wet Facility Annex on Rikers Island and as representing himself. The opinion does not describe the underlying claims against Doe.
Required Filing or Payment
The court explained that a prisoner bringing a civil action must either pay $405—$350 for the filing fee and $55 for the 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 be collected in installments from the prisoner’s account. The authorization also directs the detention facility to make those deductions and provide certified account statements for the preceding six months.
Within 30 days of the order, Patillo was required to pay the $405 or submit the attached application and authorization forms, labeled with docket number 25-CV-4520 (LTS). The court stated that no summons would issue at that time. If Patillo complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the deadline, the action would be dismissed.
Other Rulings and Effect
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order also cautioned that certain future dismissals of prisoner civil actions could count as strikes under the prisoner litigation statute. This order addressed filing-fee and authorization requirements; it did not decide the merits of Patillo’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.