Martinez v. Trump

Background

Anthony A. Martinez, who was incarcerated at Green Haven Correctional Facility, brought this civil action without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.

Under the cited federal statutes, a prisoner bringing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit an application to proceed without prepayment of fees and a prisoner authorization. If the court allows the prisoner to proceed without prepayment, the $350 filing fee is collected in installments from the prison trust account. The authorization also directs the facility to send the court certified copies of the account statements for the previous six months. The opinion states that the $52 administrative fee does not apply to a person granted permission to proceed without prepayment under 28 U.S.C. § 1915.

Order

Judge Colleen McMahon ordered Martinez, within 30 days of the order, to either pay the $402 in fees or complete and submit the attached prisoner authorization, labeled with docket number 1:21-CV-1676 (CM). The Clerk was directed to mail Martinez a copy of the order and record service on the docket. No summons was to issue at that time.

The court stated that, if Martinez complied, the action would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion additionally cautioned that certain dismissals of a prisoner’s federal action or appeal can count as “strikes” under 28 U.S.C. § 1915(g).