Perez v. Annucci

Background

Julio Perez, who was incarcerated at Green Haven Correctional Facility and represented himself, brought a civil action against DOCCS Commissioner Anthony Annucci and other defendants. He submitted the complaint without paying the filing fees and without submitting a fully completed application to proceed without prepaying fees or a prisoner authorization.

Order

The court explained that a prisoner filing a civil action 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 application, the $350 filing fee is collected in installments from the prisoner's account. The authorization also permits the facility to deduct those payments and requires certified account statements for the preceding six months.

The court ordered Perez, within 30 days of the order, to pay the $400 or submit the required forms labeled with docket number 20-CV-8069 (CM). The Clerk was directed to mail him a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk's Office procedures if Perez complied and would be dismissed if he did not comply within the allowed period.

Appeal and Additional Warning

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under 28 U.S.C. § 1915(g), which can limit a prisoner's ability to file future actions without prepaying fees after three strikes, subject to the statutory exception for imminent danger of serious physical injury.