Mancia v. State of New York

Background

Mauricio Antonio (Patino) Mancia, who was incarcerated at Marcy Correctional Facility, filed this civil action without a lawyer. He did not submit the filing fees, a completed application to proceed in forma pauperis (without prepaying court fees), or a prisoner authorization.

Court’s Order

The court directed Mancia, within 30 days, to do one of two things: pay $400 in fees, consisting of a $350 filing fee and a $50 administrative fee, or submit the required application and prisoner authorization. The order explained that, if a prisoner’s application to proceed without prepayment is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The prisoner authorization also directs the correctional facility to deduct those payments and provide the court with certified account statements for the previous six months.

The court directed the Clerk to mail Mancia a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed if Mancia complied and would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under the prisoner litigation statute.

Disposition

Judge Colleen McMahon directed payment of the fees or submission of the required forms; the order did not dismiss the action at that time. It stated that dismissal would follow if Mancia failed to comply within 30 days.