Gunn v. Bentivegna

Background

Darrell Gunn, who was incarcerated at Sing Sing Correctional Facility, brought this civil action without a lawyer. He submitted an application to proceed without prepaying filing fees and a prisoner authorization. The court determined that the authorization was not appropriate for this court.

Required Filing or Payment

The court explained that a prisoner bringing a civil action must either pay $400 in fees or request permission to proceed without prepayment. If that request is granted, the filing fee is collected in installments from the prisoner’s prison trust-fund account. The prisoner authorization permits those deductions and requires the facility to send certified copies of the prisoner’s account statements for the prior six months.

The court ordered Gunn, within 30 days of the order, either to pay the $400 in fees or complete and submit the attached prisoner authorization. If he submitted the authorization, it had to identify docket number 1:20-CV-2440 (CM). The Clerk of Court was directed to mail Gunn a copy of the order and note service on the docket. No summons would issue at that time. The order stated that the case would be processed under the Clerk’s Office procedures if Gunn complied and that the action would be dismissed if he did not comply within the allowed time.

Appeal and Effect of the Order

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also explained the possible consequences of future dismissals that qualify as strikes under 28 U.S.C. § 1915(g). This order addressed filing-fee and authorization requirements; it did not decide the merits of Gunn’s claims against the defendants.