Merchant v. Department of Health Services

Background

Scott Merchant brought a civil action against the Department of Health Services and the Department of Corrections. The opinion states that he filed the action while in the custody of the New York City Department of Correction on Rikers Island.

By order dated December 9, 2019, the court directed Merchant either to pay the $400 filing fees required to start a civil action in the court or to submit a completed prisoner authorization within 30 days. The order warned that failing to do so would result in dismissal.

The order was mailed to Rikers Island but returned after Merchant had been discharged from that facility. The opinion states that he had been transferred to the custody of the New York State Department of Corrections and Community Supervision and was incarcerated at Clinton Correctional Facility. On January 24, 2020, the court sent the order to him at Clinton.

Ruling

The court found that Merchant had neither submitted a prisoner authorization nor paid the filing fees. Under 28 U.S.C. §§ 1914 and 1915, the court dismissed the complaint without prejudice.

Judge Colleen McMahon directed the Clerk of Court to mail Merchant a copy of the order and note service on the docket. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion cited a Supreme Court decision concerning good faith in seeking review of a nonfrivolous issue.