Melendez v. Orange County Jail
- Cathy Seibel
- 7:20-cv-00113
- U.S. District Court · Southern District of New York
- 2
In Melendez v. Orange County Jail, Judge McMahon ordered Luis Melendez to pay fees or submit a complete IFP application within 30 days.
Luis Melendez, an incarcerated plaintiff representing himself, must either pay the required fees or submit a complete and signed application to proceed without paying fees upfront within 30 days. The case could be dismissed if he does not comply.
What happened
Melendez v. Orange County Jail concerns Luis Melendez’s attempt to bring a civil case while incarcerated and without a lawyer. He submitted a complaint, a prisoner authorization, and only the first page of the required two-page application to proceed without paying fees upfront.
The court ordered Melendez, within 30 days, either to pay $400 in fees or complete, sign, and submit an amended application. The court also directed that no summons issue yet and warned that the action would be dismissed if he did not comply.
Chief Judge Colleen McMahon denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Melendez v. Orange County Jail · No. 7:20-cv-00113
- Cathy Seibel
- Jan. 8, 2020
Background
Luis Melendez, who was incarcerated at Downstate Correctional Facility, filed this civil action without a lawyer. The defendants listed in the caption were Orange County Jail; Officer Carter; Orange County Jail medical staff; Dr. Salwa Khouri; Sgt. Ellis; Sgt. Simoreli; and the classification sergeant.
A prisoner filing a civil action must either pay $400 in fees or request permission to proceed without paying the fees upfront. The $400 consists of a $350 filing fee and a $50 administrative fee. If the court grants permission to proceed without prepayment, the $350 filing fee is collected in installments from the prisoner’s account. The prisoner must submit a signed application and authorize withdrawals from the account.
Court’s Action
Melendez submitted a prisoner authorization but an incomplete application. He submitted only the first page of the required two-page application, did not answer all required questions, and did not sign the application.
The court ordered Melendez, within 30 days of the order, to do one of two things:
- pay the $400 in fees; or - complete, sign, and submit the attached two-page amended application, labeled with docket number 20-CV-0113 (CM).
The Clerk of Court was directed to mail Melendez a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that, if Melendez complied, the case would be processed under the Clerk’s procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal and Additional Warning
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal for being frivolous, malicious, or failing to state a claim could count as a “strike” under 28 U.S.C. § 1915(g), potentially limiting a prisoner’s ability to file future actions without prepaying fees.
Disposition
Chief Judge Colleen McMahon directed payment of fees or submission of an amended application. She did not decide the merits of Melendez’s claims, and the order stated that no summons would issue at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.