Dorsey v. Royce

Background

Leroy J. Dorsey, who was incarcerated at Green Haven Correctional Facility, brought the action without a lawyer and asked to proceed without paying filing fees upfront. The opinion states that he submitted an application to proceed without prepayment of fees and a prisoner authorization, but the authorization did not specify the amount to be collected from his prison account. He also submitted a complaint without a signature.

Court’s Requirements

The court explained that a prisoner seeking to proceed without prepaying fees must submit a signed application and a prisoner authorization. The authorization permits collection of the $350 filing fee in installments from the prisoner’s account and requires the facility to send the court certified copies of the prisoner’s account statements for the previous six months. The court directed Dorsey, within 30 days of the order, either to pay $402 in fees or to complete and submit the attached prisoner authorization, labeled with the docket number 21-CV-3126 (CM).

The court also directed Dorsey to submit an original signature page for the complaint within 30 days. The order stated that the Clerk would mail a copy to Dorsey and note service on the docket. No summons would issue at that time. If Dorsey 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.

Disposition

Judge Laura Taylor Swain did not address the merits of Dorsey’s claims. The order directed him to correct the prisoner-authorization and signature deficiencies, warned that failure to comply would result in dismissal, and certified that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for purposes of an appeal from this order.