Jaime v. Cannon

Background

Luis Jaime, who was incarcerated at the North Infirmary Command on Rikers Island, filed this civil action without a lawyer. He did not pay the filing fees and did not submit a completed application to proceed without prepaying fees or the required prisoner authorization.

What the order required

The court explained that a prisoner must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit the required application and authorization. If the court approves the application, the $350 filing fee must be collected in installments from the prisoner's account. The authorization also directs the correctional facility to provide certified copies of the prisoner's account statements for the preceding six months.

The court ordered Jaime, within 30 days of the order, to pay the $400 or submit the application and prisoner authorization labeled with docket number 20-CV-10098 (CM). If he 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 Clerk was directed to mail the order to Jaime and record service on the docket. No summons would issue at that time.

Appeal and caution

The court certified under 28 U.S.C. § 1915(a)(3) that an 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 of a prisoner's federal civil action as frivolous, malicious, or for failure to state a claim can count as a strike under 28 U.S.C. § 1915(g). Three such strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury.

Ruling

Judge Colleen McMahon entered a procedural order requiring Jaime to pay the fees or submit the required paperwork. The order did not resolve the claims against Officer Cannon or the other defendants.