Brito v. Clark

Background

Raymond Brito filed this civil action while incarcerated at Marcy Correctional Facility and is representing himself. He submitted a complaint with an incomplete, unsigned application to proceed without prepaying fees and did not submit a prisoner authorization.

Fee and filing requirements

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 submit a signed application to proceed without prepaying fees, along with a prisoner authorization. If the court grants that application, the $350 filing fee must be collected in installments from the prisoner's account. The authorization also directs the correctional facility to deduct those payments and provide certified account statements for the previous six months.

Order

Within 30 days of the order, Brito must either pay the $400 in fees or submit the attached application and prisoner authorization forms. The forms must identify docket number 20-CV-228 (CM). The Clerk of Court was directed to mail the order to Brito and record service on the docket. No summons was to issue at that time. The court stated that, if Brito complies, the case will be processed under the Clerk's Office procedures; if he does not comply within the allowed time, the action will be dismissed.

Appeal and warning

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this 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 frivolousness or failure to state a claim could count as a “strike” under 28 U.S.C. § 1915(g), affecting a prisoner's ability to proceed without prepaying fees in future actions. Judge Colleen McMahon signed the order.