Orlando v. Zamilus
- Vincent Briccetti
- 7:22-cv-06161
- U.S. District Court · Southern District of New York
- 2
In Orlando v. Zamilus, Judge Swain ordered Mark Orlando to pay fees or submit corrected forms before the case could proceed.
Mark Orlando, the incarcerated plaintiff representing himself, must either pay the required fees or submit the correct federal application and prisoner authorization within 30 days for the case to proceed. Dr. Gaetan Zamilus is named as the defendant, but the order does not decide the claims against him.
What happened
In Orlando v. Zamilus, Mark Orlando, who is incarcerated and representing himself, filed a civil lawsuit against Dr. Gaetan Zamilus. Orlando submitted forms intended for use in New York State Supreme Court rather than the required federal forms.
The court ordered Orlando, within 30 days, either to pay the $402 filing and administrative fees or to submit a signed federal application to proceed without prepaying fees and a prisoner authorization. No summons would issue at that time. The order states that the action will be dismissed if he does not comply, and that the case will then be processed under the Clerk’s Office procedures if he does.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements; it did not decide the claims against Dr. Zamilus.
The detailed version
- Orlando v. Zamilus · No. 7:22-cv-06161
- Vincent Briccetti
- July 21, 2022
Background
Mark Orlando, who is incarcerated at Green Haven Correctional Facility, filed this civil action without a lawyer against Dr. Gaetan Zamilus. Orlando submitted a complaint with an application to proceed without prepaying fees and a prisoner authorization intended for use in New York State Supreme Court.
Court’s Order
The court explained that a prisoner starting a federal civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit the required federal application to proceed without prepaying fees and a prisoner authorization. If the court grants the application, the $350 filing fee must be collected through installment payments deducted from the prisoner’s account. The prisoner authorization permits those deductions and requires certified copies of account statements for the previous six months to be sent to the court.
The court gave Orlando 30 days from the date of the order to pay the $402 or submit the attached federal application and prisoner authorization, labeled with docket number 22-CV-6161 (LTS). No summons would issue at that time. The order states that, if Orlando complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the allowed time, the action will be dismissed.
Appeal and Additional Warning
The court 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 appeal without prepaying fees. The court also warned that a future dismissal of a prisoner’s federal civil action as frivolous, malicious, or for failure to state a claim can count as a strike under 28 U.S.C. § 1915(g). After three strikes, a prisoner generally cannot proceed without prepaying fees unless an exception for imminent danger of serious physical injury applies.
What the Order Did Not Decide
The order concerned payment and filing-form requirements. It did not resolve the underlying claims against Dr. Zamilus.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.