Monroe v. County of Rockland

Background

Michael J. Monroe, who was detained at Rockland County Correctional Facility, brought this action against the County of Rockland and Correction Officer John Doe. The opinion states that Monroe was proceeding without a lawyer. He submitted an application to proceed without prepaying court fees, but he did not submit the required prisoner authorization.

Court’s Order

The court explained that a prisoner 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 a prisoner authorization. If that 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 provide certified account statements for the previous six months.

The court ordered Monroe, within 30 days, to either pay the $402 in fees or complete and submit the prisoner authorization. The Clerk was directed to mail him a copy of the order and record service on the docket. No summons was to issue at that time. The order states that the case would be processed under the Clerk’s procedures if Monroe complied and would be dismissed if he did not comply within the allowed period.

Additional Rulings and Warning

The court certified under 28 U.S.C. § 1915(a)(3) 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 court also cautioned that a prisoner action dismissed as frivolous or for failing to state a claim can count as a “strike” under 28 U.S.C. § 1915(g), and that three strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury. Judge Colleen McMahon signed the order. This order addressed filing-fee and authorization requirements, not the merits of Monroe’s claims.