Buchbinder v. Hochul

Background

Pamela Buchbinder, who was incarcerated at Bedford Hills Correctional Facility, brought this action without a lawyer. She submitted the complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Court's Order

The court explained that a prisoner must either pay $402—the $350 filing fee and $52 administrative fee—or request permission to proceed without prepaying fees. If that request is granted, the $350 filing fee is collected in installments from the prisoner's account. The prisoner authorization also directs the facility to make those deductions and provide certified account statements for the prior six months.

The court ordered Buchbinder, within 30 days of the order, to choose one of those options. It directed the Clerk of Court to mail her the order and note service on the docket. No summons was to issue at that time. If Buchbinder complied, the case would be processed under the Clerk's Office procedures; if she did not comply within the permitted time, the action would be dismissed.

Appeal and Other Warnings

Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also warned that a future dismissal for frivolousness or failure to state a claim could count as a “strike” under the federal prisoner-litigation statute. The court did not decide whether Buchbinder's underlying claims were legally valid.

Disposition

The court issued an order requiring payment of fees or submission of the required applications and authorization. It did not dismiss the action in this order.