Washington v. Balletto

Background

Dexter Washington, who was detained in the Rockland County Jail, brought this civil action without a lawyer against Daniel J. Balletto, identified as a trooper; Ray A. Wickenheiser, identified as a director; Racheal Stubbs, identified as a scientist III; and Michael A. Jankowiak, identified as a captain. The opinion does not address the substance of Washington’s claims.

Filing-fee requirement

A prisoner filing a civil action must either pay the required fees or ask to proceed without paying them upfront. Washington submitted an application to proceed without prepayment of fees, but he did not submit the required prisoner authorization. That authorization would direct the correctional facility to deduct the filing fee from his account in installments and provide certified copies of his account statements for the previous six months.

Order

The court ordered Washington, within 30 days of the order, either to pay $400 in fees or complete and submit the prisoner authorization labeled with docket number 19-CV-11949 (CM). The order stated that no summons would issue at that time. If Washington complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed.

The court directed the Clerk of Court to mail Washington a copy of the order and note service on the docket. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order additionally warned that a later dismissal for being frivolous, malicious, or failing to state a claim could count as a “strike” under the federal prisoner-litigation statute.

Disposition and classification

This was a procedural order requiring completion of the filing-fee materials. Chief United States District Judge Colleen McMahon did not decide whether Washington’s underlying claims had merit.