Patterson v. Goord

Background

Bernard Patterson, who is incarcerated at Sullivan Correctional Facility and is proceeding without a lawyer, brought this action against Glen Goord and William Keyser. Patterson submitted his complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or the required prisoner authorization.

Fee requirements

The court explained that a prisoner filing a civil action must either pay $400 in fees—$350 for the filing fee and $50 for the 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 must be collected in installments from the prisoner's account. The authorization also directs the prison facility to deduct the payments and provide certified account statements for the previous six months.

Order

The court ordered Patterson, within 30 days of December 14, 2020, to do one of two things: pay the $400 in fees, or submit the required application and prisoner authorization. The forms were to identify docket number 20-CV-10367(CM). The Clerk of Court was directed to mail the order to Patterson and record service on the docket. No summons would issue at that time. The court stated that the action would be processed under the Clerk's procedures if Patterson complied and would be dismissed if he did not comply within the allowed time.

Appeal and warning

Chief Judge Colleen McMahon 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 proceed without prepaying fees for an appeal. The order also cautioned that a later dismissal for being frivolous or for failing to state a claim could count as a strike under 28 U.S.C. § 1915(g). After three such strikes, a prisoner generally cannot proceed without prepaying fees unless facing imminent danger of serious physical injury. This order did not address the merits of Patterson's claims.