Shomo v. State of New York Department of Corrections and Community Supervision…

Background

Jose J. Shomo, who was incarcerated at Fishkill Correctional Facility, brought this civil action without a lawyer. He submitted an application to proceed without prepaying court fees and a prisoner authorization. The authorization allowed collection of $400 from his prison account, but the court explained that the required filing fee subject to installment collection was $350. The separate $52 administrative fee does not apply to a person granted permission to proceed without prepayment.

Order

The court ordered Shomo, within 30 days of the order, either to pay the total $402 in fees or to complete and submit the attached corrected prisoner authorization, labeled with docket number 21-CV-0128 (CM). The Clerk was directed to mail the order to Shomo and record service on the docket. No summons was to issue at that time.

The court stated that, if Shomo 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 order did not rule on the merits of Shomo’s claims against the defendants. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepayment of fees. The order further 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).

Effect

This was an administrative and fee-related order at the start of the case, not a decision on the underlying claims. The order required action by Shomo before the case could proceed.