Rodriguez v. Derienzo

Background

Jovanny Rodriguez filed this civil action against Detective Donald Derienzo while incarcerated. The opinion states that Rodriguez was representing himself. He submitted the complaint without either paying the required filing fees or completing an application to proceed without prepaying those fees.

Required payment or application

The court explained that a prisoner filing a civil action must either pay $400 in fees—$350 for filing and $50 for administration—or submit an application to proceed in forma pauperis, meaning without prepaying the fees. If the court grants that application, the filing fee is collected in installments from the prisoner’s account. The prisoner must therefore submit an authorization allowing those deductions and providing certified account statements for the previous six months.

Order

The court ordered Rodriguez, within 30 days of the order, to either pay the $400 in fees or submit the completed application and prisoner-authorization forms. The forms were to identify docket number 20-CV-0087 (CM). The Clerk was directed to assign the case to Judge McMahon’s docket, mail Rodriguez a copy of the order, and record service on the docket. No summons was to issue at that time.

Judge Colleen McMahon stated that if Rodriguez failed to comply within the allowed period, the action would be dismissed without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The court cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a statutory “strike” affecting a prisoner’s ability to proceed without prepaying fees in future cases.