Garcia v. NYPD 34 Precinct

Background

Daniel Garcia, who was detained in the Bellevue Hospital Prison Ward and represented himself, filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Order

The court explained that a prisoner bringing a civil action must either pay the required fees or submit the documents needed to request permission to proceed without prepayment. The court stated that the filing fee is collected in installments from a prisoner granted that status and that the prisoner authorization permits withdrawals from the prisoner’s account and requires certified account statements for the prior six months.

The court ordered Garcia, within 30 days of the order, either to pay $400 in fees or to submit the application and prisoner authorization, labeled with docket number 21-CV-0645 (CM). The order states earlier that the total fees are $402, consisting of a $350 filing fee and a $52 administrative fee, while the operative directive requires payment of $400.

The Clerk was directed to mail Garcia a copy of the order and note service on the docket. No summons was to issue at that time. The court stated that the case would be processed if Garcia complied and that the action would be dismissed if he did not comply within the allowed time.

Appeal and Caution

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 being frivolous, malicious, or failing to state a claim could count as a “strike” under 28 U.S.C. § 1915(g), subject to the rule’s stated exception for imminent danger of serious physical injury.