Cossette v. Downstate Correctional Facility

Background

Marcus Cossette brought this action while incarcerated at Attica Correctional Facility and proceeding without a lawyer. The case arose from a complaint he filed in the Western District of New York. That court granted his application to proceed without prepaying fees, separated the claims concerning alleged conduct at Downstate Correctional Facility, and transferred those claims. The Northern District of New York later transferred the Downstate claims to the Southern District of New York because Downstate Correctional Facility is located in Dutchess County. The Clerk opened the separated claims as this new civil action.

Fee and IFP requirements

The court explained that separated claims become an independent action, so the earlier permission to proceed without prepaying fees did not automatically apply to this case. To proceed, Cossette had to either pay $400—the $350 filing fee and $50 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court granted that application, the $350 filing fee would be collected in installments from his prisoner account. The authorization would direct the facility to make those deductions and send the court certified account statements for the previous six months.

Order

Chief United States District Judge Colleen McMahon ordered Cossette to pay the fees or submit the required application and authorization within 30 days, labeled with docket number 20-CV-6427 (CM). The Clerk was directed to mail him the order and record service on the docket. No summons would issue at that time. If Cossette failed to comply within the permitted time, the action would be dismissed. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This was an administrative and filing-fee order; the opinion did not decide the merits of Cossette's underlying claims.