Jaime v. New York City Corrections
- Laura Swain
- 1:24-cv-00271
- U.S. District Court · Southern District of New York
- 3
In Jaime v. New York City Corrections, Judge Swain ordered Luis Jaime to pay fees or submit authorization before the case proceeds.
Luis Jaime, who must either pay the stated fees or submit the required prisoner authorization within 30 days for the action to proceed.
What happened
Luis Jaime filed this case against New York City Corrections and others while incarcerated and without a lawyer. He submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court ordered Jaime, within 30 days, either to pay $405 in fees or submit the signed authorization. The authorization would allow installment deductions of the $350 filing fee from his prison account and require certified account statements. No summons will issue at this time.
Judge Laura Taylor Swain said the case will be processed under the Clerk’s Office procedures if Jaime complies; if he does not, the action will be dismissed. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jaime v. New York City Corrections · No. 1:24-cv-00271
- Laura Swain
- Jan. 12, 2024
Background
Luis Jaime brought this civil action while incarcerated at Sullivan Correctional Facility and is representing himself. A prisoner who wants to proceed without paying court fees upfront must submit both an application to proceed without prepayment of fees and a signed prisoner authorization.
Jaime submitted the application but not the prisoner authorization. The authorization directs the correctional facility to provide certified copies of the prisoner’s account statements for the past six months and to deduct the filing fee from the prisoner’s account in installments.
Order
The court ordered Jaime, within 30 days of the order, to do one of two things:
- Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or - Submit the completed prisoner authorization, labeled with docket number 24-CV-00271 (LTS).
If Jaime submits the authorization, the $350 filing fee will be collected in installments even if the court later grants permission to proceed without prepayment of fees. The $55 administrative fee does not apply to a person granted that permission.
Effect of the Order
No summons will issue at this time. If Jaime complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed. The order does not decide the underlying claims against the defendants.
The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepayment of fees. The order also cautioned that certain future dismissals of prisoner cases may count as strikes under the federal prisoner-litigation statute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.