Horton v. Superintendent Mark Miller

Background

Anthony Horton, who is incarcerated at Upstate Correctional Facility, brought this action without a lawyer. To proceed without prepaying court fees, a prisoner must submit an application to proceed without prepayment and a prisoner authorization. The authorization allows the facility to deduct the filing fee from the prisoner’s account in installments and requires certified account statements for the previous six months to be sent to the court.

Horton submitted both documents, but the court found that his prisoner authorization was handwritten and did not specify the amount to be deducted from his account.

Order

The court ordered Horton, within 30 days of the order, to do one of two things: pay $405 in fees, or complete and submit the attached prisoner authorization labeled with docket number 25-CV-9876. The order states that the $405 consists of a $350 filing fee and a $55 administrative fee, while a footnote refers to a $52 administrative fee and states that the administrative fee does not apply to people granted permission to proceed without prepayment. The court did not issue a summons at this time.

If Horton 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 order also cautions that a later dismissal as frivolous or for failing to state a claim could count as a strike under the prisoner litigation statute.

Appeal and Effect

Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing-fee and authorization requirements; it did not decide the merits of Horton’s claims.