Siler v. Monroe

Background

Michael D. Siler, who was incarcerated at Southport Correctional Facility, brought the action without a lawyer. He submitted an application to proceed without prepaying court fees and a prisoner authorization. Under the statutes cited by the court, a prisoner seeking this status must authorize deductions from the prison account toward the filing fee and provide certified account statements for the previous six months.

The authorization problem

Siler’s authorization allowed funds from his prison trust account to be sent to the United States District Court for the Northern District of New York, rather than to the court handling this case, the Southern District of New York. The court therefore directed Siler, within 30 days of the order, to do one of two things: pay the full $400 in fees, consisting of a $350 filing fee and a $50 administrative fee, or complete and submit the attached corrected prisoner authorization. The court noted that the $50 administrative fee does not apply to a person granted permission to proceed without prepayment of fees.

Disposition and consequences

Chief Judge Colleen McMahon ordered the Clerk to mail Siler a copy of the order and record service on the docket. No summons was to issue at that time. If Siler complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that a later dismissal of a prisoner’s federal civil action as frivolous, malicious, or for failure to state a claim can count as a statutory “strike.”