Rivera v. Dutchess County Transitional & Justice Center

Background

Luis A. Rivera, who the opinion says is incarcerated at the Dutchess County Justice and Transition Center, brought this action without a lawyer. He submitted an application to proceed in forma pauperis (IFP), meaning without prepaying court fees, but did not submit the required prisoner authorization.

Court’s Requirements

The court explained that a prisoner filing a civil action must either pay $405 in fees—$350 for the filing fee and $55 for the administrative fee—or request IFP status and submit a prisoner authorization. If IFP status is granted, the $350 filing fee must still be collected in installments from the prisoner’s account. The authorization also directs the prison facility to send the court certified account statements covering the previous six months.

The court ordered Rivera, within 30 days of the order, to either pay the $405 or complete and submit the attached prisoner authorization, labeled with docket number 1:25-CV-6312 (LTS). No summons will issue at this time. If Rivera 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.

Rulings and Effect

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide whether Rivera’s underlying claims have merit. The court also cautioned that a later dismissal for being frivolous, malicious, or failing to state a claim could count as a filing “strike” under the prisoner-litigation statute.