Cole v. Martuscello

Background

Ronnie Cole, who is incarcerated at Five Points Correctional Facility and is proceeding without a lawyer, filed this action after the Northern District of New York severed claims against Dr. Weinstein arising at Green Haven Correctional Facility and transferred those claims to the Southern District of New York. The transferred claims became a new civil action in this court.

Cole filed the complaint without paying the filing fees and without completing an application to proceed in forma pauperis, meaning without prepaying the fees. He also did not submit the required prisoner authorization.

Payment or Fee-Waiver Requirements

The court ordered Cole, within 30 days of the order, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit the attached fee-waiver application and prisoner authorization. If the court grants the application, the $350 filing fee must be collected in installments from Cole’s account, and the authorization must direct the correctional facility to make those deductions and provide certified account statements for the previous six months.

The court stated that the forms should identify docket number 25-CV-8890 (LTS). No summons will issue at this time. If Cole 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.

Ruling

Judge Laura Taylor Swain ordered Cole to pay the fees or submit the required application and authorization within 30 days. The order did not address the merits of Cole’s underlying claims. 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.