Pagan v. Lewis

Background

Jerry Pagan filed this civil action without a lawyer. The opinion states that Pagan is incarcerated at Midhudson Forensic Psych. Center. He submitted his complaint without paying the required filing fees and without completing an application to proceed without prepaying fees or a prisoner authorization.

What the Court Ordered

The court ordered Pagan, within 30 days of the order, to do one of two things:

1. Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. Submit a signed application to proceed without prepaying fees and a prisoner authorization.

The prisoner authorization would direct the facility holding Pagan to deduct the $350 filing fee from his account in installments and provide certified account statements for the preceding six months. The court explained that the full $350 filing fee remains due even if permission to proceed without prepaying fees is granted. The $55 administrative fee does not apply to a person granted that status.

Effect on the Case

No summons will be issued at this time. If Pagan complies with the order, 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 did not address the merits of Pagan’s claims.

Appeal and Additional Notice

The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The attached forms also warned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g), which can limit a prisoner’s ability to proceed without prepaying fees in later federal civil actions.