Monroe v. Rockland County District Attorney's Office

Background

Michael J. Monroe, who was detained at the Rockland County Correctional Center, brought this civil action without a lawyer. He submitted an application to proceed without paying the filing fee in advance, but he did not submit the required prisoner authorization.

The authorization would direct the facility holding Monroe to deduct the $350 filing fee from his account in installments and send the court certified copies of his account statements for the previous six months. The opinion explains that the separate $50 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Ruling

The court ordered Monroe to do one of two things within 30 days of the order: pay $400 in fees or complete and submit the prisoner authorization labeled with docket number 20-CV-5445 (CM). The court directed the Clerk of Court to mail the order to Monroe and record service on the docket. No summons was to issue at that time.

The court stated that, if Monroe complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the allowed time, the court would dismiss the action. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The opinion additionally cautioned that certain dismissals of prisoner cases can count as strikes under the federal prisoner-filing statute.