Carrasquillo v. State of New York

Background

Shakur Carrasquillo, who the opinion states is incarcerated at Wende Correctional Facility, brought this civil action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, but did not submit the required prisoner authorization.

Filing requirements

The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit the required documents to request permission to proceed without prepayment. If permission is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and provide certified copies of the prisoner’s account statements for the prior six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepayment.

Order

The court ordered Carrasquillo, within 30 days of the October 6, 2025 order, either to pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 25-CV-8144 (LTS). No summons would issue at that time. If he complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

Chief Judge Laura Taylor Swain certified that any 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 merits of Carrasquillo’s claims. It also warned about the possible consequences under the prisoner “three strikes” rule for a later action dismissed as frivolous, malicious, or for failure to state a claim.