Mercado v. Sing Sing Correctional Facility

Background

Matthew L. Mercado, who is incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.

Court’s Requirements

The court explained that a prisoner bringing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit the documents required to proceed without prepayment. The $350 filing fee remains payable even if the court allows the prisoner to proceed without prepaying fees, and it must be collected in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to deduct those installments and provide certified account statements for the previous six months.

Within 30 days of the order, Mercado must either pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 1:25-CV-4726 (LTS). No summons will issue at this time. The court stated that, if Mercado complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the permitted time, the action will be dismissed.

Ruling

Chief Judge Laura Taylor Swain issued the order directing Mercado to complete one of those two filing-fee requirements. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.