Gonzalez v. Dutchess County Justice and Transition Center

Background

Joseph Gonzalez, who the order says is incarcerated at the Dutchess County Justice and Transition Center, filed this civil action without a filing-fee payment, a completed application to proceed without prepaying fees, or a prisoner authorization. He is representing himself. The order does not describe the allegations or legal claims in the complaint.

Required filing or payment

The court explained that a prisoner filing a civil action must either pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. The authorization directs the correctional facility to deduct the $350 filing fee from the prisoner's account in installments and to provide certified account statements for the preceding six months. If the court grants the application, the $55 administrative fee does not apply, but the $350 filing fee remains payable through installments.

Within 30 days of the order, Gonzalez must choose one of those two options and identify the documents with docket number 1:25-CV-4729 (LTS). The court stated that no summons would issue at that time. If Gonzalez complies, the Clerk's Office will process the case under its procedures. If he does not comply within the allowed period, the action will be dismissed.

Ruling and other directions

Judge Laura Taylor Swain ordered Gonzalez to pay the fees or submit the required application and prisoner authorization. This order did not decide the merits of the lawsuit. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that certain future dismissals of prisoner actions may count as strikes under the federal prisoner-litigation statute, and that three such strikes can limit a prisoner's ability to proceed without prepaying fees unless an imminent danger exception applies.