Colson v. Annucci

Background

Ronald Colson, who was incarcerated at Green Haven Correctional Facility and proceeded without a lawyer, filed this action and submitted an application to proceed without prepaying court fees. He did not submit the separate prisoner authorization required for a prisoner seeking this status.

Court’s Analysis

The court explained that a prisoner must either pay $402 in fees—consisting of a $350 filing fee and a $52 administrative fee—or submit the required application and authorization. If the court allows a prisoner to proceed without prepaying fees, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the facility to provide certified account statements for the preceding six months and to make the required deductions.

Disposition

The court ordered Colson, within 30 days of the order, to either pay the $402 in fees or complete and submit the attached prisoner authorization, labeled with docket number 23-CV-654 (LTS). No summons would issue at that time. If Colson complied, the Clerk’s Office would process the case under its procedures; if he failed to comply within the allowed period, the action would be dismissed. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Colson’s claims.