Paulino v. Bronx County Supreme Court

Background

Luis Paulino, who was incarcerated at Green Haven Correctional Facility, filed this action without a lawyer. He submitted an application to proceed without prepaying fees and a prisoner authorization. Under the applicable federal statutes, a prisoner must either pay $402 in fees or request permission to proceed without prepayment and authorize collection of the $350 filing fee in installments from the prisoner’s account. The $402 consists of a $350 filing fee and a $52 administrative fee; the administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Problem with the Authorization

Paulino’s authorization allowed collection of only $150, rather than the full $350 filing fee. The court therefore directed him, within 30 days of the order, to either pay the $402 in fees or complete and submit the attached corrected prisoner authorization, labeled with docket number 23-CV-3861 (LTS).

Rulings and Consequences

The court did not issue a summons at that time. It stated that the case would be processed under the Clerk’s Office procedures if Paulino complied, and that the action would be dismissed if he failed to comply within the allowed period. The court 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 permission to appeal without prepaying fees. The order did not address the underlying claims. Judge Laura Taylor Swain signed the order as Chief United States District Judge. A footnote cautioned that a later dismissal as frivolous or for failure to state a claim could count as a strike under 28 U.S.C. § 1915(g), potentially affecting a prisoner’s ability to proceed without prepaying fees in future cases.