Herrera v. Trump

Background

Christopher William Herrera, who was incarcerated at Green Haven Correctional Facility, brought this action without a lawyer. The opinion does not describe the underlying claims. Herrera submitted an application to proceed without prepaying filing fees, commonly called proceeding in forma pauperis, but did not submit the required prisoner authorization.

Fee and authorization requirements

The court explained that a prisoner bringing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepayment by submitting a signed application and prisoner authorization. If permission is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner's account. The authorization also directs the correctional facility to make those deductions and send the court certified account statements for the previous six months.

Order

The court ordered Herrera to pay the $402 in fees or submit the completed prisoner authorization within 30 days of the order. The authorization was to identify docket number 21-CV-1671 (CM). The Clerk was directed to mail Herrera a copy of the order and record service on the docket. No summons was to issue at that time. If Herrera complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the permitted time, the action would be dismissed.

Judge Colleen McMahon also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order further cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under 28 U.S.C. § 1915(g), which can limit a prisoner's ability to proceed without prepaying fees after three strikes, subject to the statute's imminent-danger exception.