Haymon v. Annucci

Background

Alen Haymon filed this civil action without a lawyer. The opinion states that he was incarcerated at Sing Sing Correctional Facility. The defendants listed in the caption are Anthony Annucci, identified as Commissioner of NYS DOCCS; Joseph Sergeant; and two defendants identified as John Doe officers. The opinion does not describe the underlying claims.

Fees and required paperwork

The court explained that a prisoner bringing a civil action must either pay $402 in fees—$350 for the filing fee and $52 for the administrative fee—or request permission to proceed without prepaying fees. To make that request, Haymon had to submit a signed application and a prisoner authorization. The authorization would direct the facility holding him to provide certified account statements for the previous six months and deduct the $350 filing fee from his account in installments if permission to proceed without prepaying fees were granted. The $52 administrative fee would not apply if that permission were granted.

Order

The court ordered Haymon, within 30 days of the order, to pay the $402 or submit the completed application and prisoner authorization, labeled with docket number 23-CV-6922 (LTS). No summons would be issued at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Haymon complied and that the action would be dismissed if he did not comply within the allowed time.

Appeal and classification

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also cautioned that certain future dismissals could count as strikes under the prisoner litigation statute. This is a procedural order concerning filing fees and required paperwork; it does not decide the underlying claims.