Latouche v. Dr. John Hammer

Background

Valery Latouche, who the opinion says was incarcerated at Sing Sing Correctional Facility and was proceeding without a lawyer, filed a civil action against Rockland County and other defendants. Latouche submitted the complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Fee requirement

The court explained that a prisoner starting a civil action must either pay $402—the $350 filing fee and $52 administrative fee—or submit an application requesting permission to proceed without prepaying fees, together with a prisoner authorization. If that request is granted, the filing fee is collected in installments from the prisoner’s account. The administrative fee does not apply to a person granted that status.

Order

The court ordered Latouche to do one of the following within 30 days of the order: pay the $402 in fees, or submit the completed application and prisoner authorization using docket number 22-CV-1437 (LTS). No summons would issue at that time. The order states that, if Latouche failed to comply within the allowed period, the action would be dismissed. The court did not decide the underlying claims.

Appeal and other directions

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The Clerk of Court was directed to mail the order to Latouche and record service on the docket. The order also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a “strike” under 28 U.S.C. § 1915(g).