DeJesus v. Annucci

Background

Hector L. DeJesus filed this civil action without a lawyer. The opinion states that he is incarcerated at Sing Sing Correctional Facility. He submitted the complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s Order

The court explained that a prisoner filing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying fees. If that request is granted, the $350 filing fee must still be collected in installments from the prisoner’s account. The prisoner authorization permits the facility to make those deductions and requires certified account statements for the previous six months to be sent to the court.

The court ordered DeJesus, within 30 days of the order, to do one of two things: pay the $402 in fees, or submit the attached fee-waiver application and prisoner authorization. The documents were to identify docket number 23-CV-6905 (LTS). No summons would issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if DeJesus complied, and that the action would be dismissed if he did not comply within the allowed time.

Appeal and Effect

The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order concerns filing requirements and does not address the merits of DeJesus’s underlying claims. It also cautioned that certain future dismissals could count as “strikes” under the prisoner litigation statute.