Rivera v. Doe

Background

Christopher Rivera filed this civil action without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The order states that Rivera is incarcerated at Rikers Island – West Facility Annex and is representing himself.

Court’s order

The court ordered Rivera, within 30 days of the order, to do one of two things:

1. Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. Submit the attached application to proceed without prepaying fees and prisoner authorization, labeled with docket number 1:25-CV-4519 (LTS).

The prisoner authorization would direct the facility holding Rivera to deduct the $350 filing fee from his account in installments and send the court certified account statements covering the previous six months. The order explains that a prisoner granted permission to proceed without prepaying fees must still pay the full $350 filing fee through those installments. The $55 administrative fee does not apply to a person granted that permission.

Effect of noncompliance and appeal ruling

No summons will issue at this time. If Rivera complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.

Judge Laura Taylor Swain certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order does not address the merits of Rivera’s underlying claims.