In re: Javier Pereira

Background

Javier Pereira filed a civil action while incarcerated at the Rikers Island–West Facility Annex. The opinion states that he is proceeding without a lawyer. He submitted the complaint without paying the filing fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s Order

The court explained that a prisoner bringing a civil action must either pay $405 in fees—$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 a prisoner authorization. If the court grants that application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the facility to deduct the payments and provide certified account statements for the previous six months.

Within 30 days of the order, Pereira must pay the $405 or submit the required application and authorization, labeled with docket number 1:25-CV-4518 (LTS). No summons will issue at this time. If he complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.

Appeal and Other Information

The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion also cautioned that a later dismissal of a prisoner’s action for being frivolous, malicious, or failing to state a claim can count as a strike under federal law. A prisoner who receives three such strikes generally cannot proceed without prepaying fees unless an imminent danger of serious physical injury is involved.

Disposition

Judge Laura Taylor Swain ordered payment of the fees or submission of the required application and prisoner authorization within 30 days. The order did not decide the merits of Pereira’s underlying claims.