Rivera v. Annucci

Background

Albert Rivera, who was incarcerated at Greenhaven Correctional Facility and was representing himself, filed a civil action against Anthony Annucci and other defendants. He submitted the complaint without paying the required fees and without submitting a completed prisoner authorization. He also did not use the court's required application to proceed without prepaying fees.

Court's Order

The court explained that a prisoner filing a civil action must either pay $400 in fees—$350 for the filing fee and $50 for the administrative fee—or request permission to proceed without prepaying fees by submitting a signed application and a prisoner authorization form. If permission is granted, the $350 filing fee is collected in installments from the prisoner's account. The authorization form also permits the court to obtain certified account statements for the previous six months.

Chief United States District Judge Colleen McMahon ordered Rivera, within 30 days of the order, to either pay the $400 in fees or submit the attached prisoner authorization and application forms, labeled with the case number. The Clerk was directed to assign the matter to Judge McMahon's docket, mail Rivera a copy of the order, and record service on the docket. No summons was to issue at that time.

Disposition and Additional Instructions

The court stated that, if Rivera complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the permitted time, the action would be dismissed without prejudice to filing a new action. The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the merits of Rivera's claims. It also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a statutory “strike,” which may limit a prisoner's ability to proceed without prepaying fees in future cases.