Delacruz v. The State of New York

Background

Danny Delacruz brought this civil action while incarcerated at the Vernon C. Bain Center. He proceeded without a lawyer. The opinion states that he originally filed the complaint with other detainees, but the court separated the plaintiffs’ claims and opened separate actions. Delacruz submitted his complaint without paying the required fees and without a completed application to proceed without prepayment of fees or a prisoner authorization.

Payment or application requirement

The court explained that a prisoner must either pay $402—the $350 filing fee and $52 administrative fee—or request permission to proceed without paying fees upfront. If that permission is granted, federal law requires the $350 filing fee to be collected in installments from the prisoner’s account. A prisoner seeking that status must submit a signed application, a prisoner authorization allowing withdrawals, and certified account statements for the prior six months.

The court ordered Delacruz, within 30 days of the order’s date, to either pay the $402 or submit the required application and authorization forms. The forms were to identify docket number 21-CV-4220 (LTS).

Disposition

The court directed the Clerk to mail Delacruz a copy of the order and record service on the docket. No summons was to issue at that time. The case would be processed under the Clerk’s procedures if Delacruz complied; if he did not comply within the allowed period, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied payment-free status for purposes of an appeal. The order did not decide the underlying claims against the defendants.