Soloman v. Rikers Island DOC

Background

Matthew Soloman filed a civil action against Rikers Island DOC and Bob Barker Authorization Company Inc. The opinion states that Soloman is currently detained at the Otis Bantum Correctional Center on Rikers Island and is representing himself.

Payment or application requirement

The court explained that a prisoner starting a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or request permission to proceed without prepaying fees. To make that request, the prisoner must submit a signed application and a prisoner authorization. The authorization permits deductions from the prisoner's account toward the $350 filing fee and requires certified copies of account statements for the preceding six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Soloman submitted his complaint without paying the fees and without submitting a completed application or prisoner authorization. The court ordered him, within 30 days of the order, to either pay the $405 or submit the required forms labeled with docket number 25-CV-7079 (LTS).

Ruling and effect

The court ordered that no summons issue at this time. If Soloman complies, 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. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion cautioned that certain future dismissals of a prisoner's federal civil actions may count as strikes under 28 U.S.C. § 1915(g), subject to the statute's stated exception.