Castillo v. Russo

Background

Anthony Castillo filed this civil action against Anthony Russo. The opinion states that Castillo was incarcerated at Attica Correctional Facility and was representing himself. He submitted a complaint without paying the required filing fees or providing a prisoner authorization. He did submit an application to proceed without prepaying fees, but the application was unsigned.

Requirements for proceeding

The court explained that a prisoner must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants that status, the Prison Litigation Reform Act requires collection of the $350 filing fee through installment deductions from the prisoner’s account. The $50 administrative fee does not apply to a person granted that status.

Within 30 days of the order, Castillo was required to do one of two things: pay the $400 in fees, or submit the attached prisoner authorization and corrected application forms. The court instructed him to label any submitted forms with docket number 20-CV-6106 (CM).

Order and effect

Judge Colleen McMahon directed the Clerk of Court to mail the order to Castillo and record service on the docket. No summons was to issue at that time. The court stated that if Castillo failed to comply within the permitted time, the action would be dismissed without prejudice to refiling. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The opinion did not address the merits of Castillo’s claims. It further cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under the prisoner filing statute.