Prado v. United States
- Valerie Caproni
- 1:22-cv-10810
- U.S. District Court · Southern District of New York
- 5
In Prado v. United States, Judge Caproni ordered Prado to pay filing fees or submit paperwork to proceed without prepaying them.
Julio Prado, whose Rule 41(g) action could be dismissed if he did not pay the required fees or submit the required fee-waiver paperwork by February 8, 2023.
What happened
In Prado v. United States, Julio Prado, who is incarcerated and representing himself, filed an action under Rule 41(g) of the Federal Rules of Criminal Procedure. He did not pay the required fees or submit the paperwork needed to ask to proceed without prepaying them.
The court ordered Prado to pay $402 or submit an application to proceed without prepaying fees and a prisoner authorization by February 8, 2023. The court said the action would be dismissed if he did not comply, and no response from the United States was required at that time.
Judge Valerie Caproni also ruled that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the substance of Prado’s Rule 41(g) request.
The detailed version
- Prado v. United States · No. 1:22-cv-10810
- Valerie Caproni
- Jan. 9, 2023
Background
Julio Prado, who is incarcerated at FCI Ray Brook and is representing himself, filed a civil action seeking relief under Rule 41(g) of the Federal Rules of Criminal Procedure. He initially submitted the Rule 41(g) motion in his criminal case. The court had previously directed the Clerk of Court to open a new civil action.
To proceed with the civil action, Prado had to either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying the fees. The court explained that such a request required an application to proceed without prepaying fees and a prisoner authorization. Prado had submitted neither the payment nor the required documents.
Order
The court directed Prado to pay $402 in filing fees or submit the required application and prisoner authorization by Wednesday, February 8, 2023. The application had to identify docket number 22-CV-10810 (VEC). If the court granted the application, Prado could proceed without prepaying the fees. The court also explained that, under the prisoner-fee statute, the $350 filing fee would be collected in installments from a prison account even if permission to proceed without prepayment were granted; the $52 administrative fee would not apply to a person granted that permission.
No response from the United States was required at that stage. The court stated that the case would be processed under the Clerk’s Office procedures if Prado complied, but that the action would be dismissed if he failed to comply within the allowed time.
Ruling and effect
Judge Valerie Caproni directed payment of the fees or submission of the required paperwork. The order did not decide the substance of Prado’s Rule 41(g) request. The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk was directed to mail the order to Prado and note the mailing on the docket.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.