Garcia v. John Doe 1

Background

Algiers Ramon Sanders Garcia filed this civil action while detained by the Westchester County Department of Correction. The opinion states that he proceeded without a lawyer. To begin a prisoner civil action in federal court, a plaintiff must either pay $402 in fees—$350 for filing and $52 in administrative fees—or submit a signed application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis, along with a signed prisoner authorization.

Garcia initially submitted neither the fees nor a completed and signed fee-waiver application and prisoner authorization. An earlier order directed him, within 30 days, to pay the fees or submit both documents. Garcia later filed a completed and signed prisoner authorization, but he still had not submitted the completed and signed fee-waiver application.

Court’s Order

The court ordered Garcia, within 30 days of May 6, 2022, to either pay the $402 in fees or complete, sign, and submit the attached fee-waiver application. The application was to include docket number 22-CV-2599 (LTS). No summons was to issue at that time. The court stated that, if Garcia complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

Judge Laura Taylor Swain 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 fee-waiver status for purposes of an appeal. The opinion additionally cautioned that certain dismissals of prisoner actions can count as “strikes” under 28 U.S.C. § 1915(g), which can limit a prisoner’s ability to proceed without prepaying fees after three such strikes.