Cartagena v. DOCCS

Background

Ivan P. Cartagena appears without a lawyer and was in custody when he started this civil action. The court learned that he had again been taken into custody and was being held at the Westchester County Jail. Cartagena submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.

Court’s order

The court explained that a prisoner who wants to proceed without prepaying fees must submit both a completed application and a signed authorization. If permission is granted, the $350 filing fee must be collected in installments from the prisoner’s prison trust account. The authorization also directs the correctional facility to make those deductions and send the court certified account statements covering the previous six months. The separate $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Within 30 days of the order, Cartagena must either pay the full $405 in fees or complete, sign, and submit the prisoner authorization labeled with docket number 1:26-CV-3443. No summons will issue at this time. If he complies, the Clerk’s Office will process the action under its procedures. If he does not comply within the allowed time, the action will be dismissed.

Other rulings

The court directed the Clerk of Court to vacate the court’s May 21, 2026 order. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that certain dismissals of prisoner cases can count as strikes under 28 U.S.C. § 1915(g), potentially limiting a prisoner’s ability to proceed without prepaying fees in future federal civil actions.