Blount v. Rastani

Background

Plaintiff Sayvion D. Blount, who is incarcerated at Fishkill Correctional Facility and is representing himself, brought an action that originally was filed in the United States District Court for the Northern District of New York. That court severed the claims arising at Downstate Correctional Facility and transferred them to the Southern District of New York, where they were opened under docket number 21-CV-2700 (LTS).

Fees and required forms

The court explained that a prisoner proceeding with a civil action must either pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or request permission to proceed without prepaying fees. To make that request, Plaintiff had to submit a signed application and a prisoner authorization. If permission is granted, the $350 filing fee is 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.

Because the claims were transferred, Plaintiff had not paid the fees or submitted the application and authorization for this action. The court ordered him to complete one of those two options within 30 days and to label any submission with docket number 21-CV-2700 (LTS).

Order and effect

The court directed the Clerk to mail Plaintiff a copy of the order and note service on the docket. No summons would issue at that time. If Plaintiff 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 without prejudice.

Chief Judge Laura Taylor Swain also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.