Irizarry v. Manhattan Correctional Center

Background

Jorge V. Irizarry, who was incarcerated at the Manhattan Correctional Center, brought this civil action without a lawyer. He filed a complaint but did not pay the filing and administrative fees or submit a completed application to proceed in forma pauperis, meaning without prepaying court fees. He did submit a prisoner authorization.

Order

The court explained that a prisoner must either pay $402 in fees or submit a signed application to proceed without prepaying fees and a prisoner authorization. The authorization permits the court to collect the $350 filing fee in installments from the prisoner’s account if the application is granted. The $52 administrative fee does not apply to a person granted this status.

The court ordered Irizarry, within 30 days of the order, to pay the $402 or submit the attached application, labeled with docket number 21-CV-5170 (LTS). The Clerk was directed to mail him a copy of the order and note service on the docket. No summons would issue at that time. If Irizarry complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed without prejudice.

Additional Ruling and Effect

Judge Laura Taylor Swain 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 address the merits of Irizarry’s claims. It also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under the prisoner-filing statute, but it did not make such a dismissal here.