Valerio v. The State of New York

Background

Ernesto Valerio filed this civil action without paying the required filing fees and without submitting a completed application to proceed without prepayment of fees or a prisoner authorization. The opinion states that Valerio was detained at the Vernon C. Bain Center and was representing himself. It also states that he had originally filed the complaint with other detainees, but the court separated their claims into separate actions.

Filing-fee 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. To make that request, the prisoner must submit a signed application and an authorization permitting the $350 filing fee to be deducted from the prisoner’s account in installments. The authorization also requires certified copies of the prisoner’s account statements for the previous six months.

Order

The court ordered Valerio, within 30 days of the order, to either pay the $402 in fees or submit the required application and prisoner authorization labeled with docket number 21-CV-4186 (LTS). The Clerk of Court was directed to mail him a copy of the order and note service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Valerio complied and that the action would be dismissed if he did not comply within the allowed time.

The court also 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 purposes of an appeal. This order addressed filing requirements and did not decide the underlying claims.