Hernandez v. City of Middletown N.Y. Police
- Philip Halpern
- 7:24-cv-01282
- U.S. District Court · Southern District of New York
- 3
In Hernandez v. City of Middletown N.Y. Police, Judge Swain ordered the unrepresented prisoner to pay fees or file authorization and submit a signed complaint within 30 days.
Jose Mejia Hernandez must either pay the required fees or submit the prisoner authorization and must provide an originally signed complaint page within 30 days. The case will not proceed to summons unless he complies, and the action will be dismissed if he does not.
What happened
In Hernandez v. City of Middletown N.Y. Police, Jose Mejia Hernandez filed a lawsuit without a lawyer while detained at the Orange County Jail. He asked to proceed without paying the filing fees but did not submit the required authorization allowing installment payments from his account, and his complaint lacked a signature.
The court ordered Hernandez, within 30 days, either to pay $405 in fees or submit the required prisoner authorization. He also had to resubmit the complaint’s signature page with an original signature. The court said no summons would issue at that time.
If Hernandez complies, the case will be processed under the Clerk’s Office procedures; if he does not, the action will be dismissed. Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without prepaying appeal fees.
The detailed version
- Hernandez v. City of Middletown N.Y. Police · No. 7:24-cv-01282
- Philip Halpern
- Feb. 22, 2024
Background
Jose Mejia Hernandez, who was detained at the Orange County Jail, brought this action without a lawyer. He submitted an application to proceed without prepaying the filing fees, commonly called an application to proceed in forma pauperis, but did not submit the required prisoner authorization. He also submitted a complaint without a signature.
Court’s Order
The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit the required documents to request permission to proceed without prepaying fees. If permission is granted, the $350 filing fee is collected in installments from the prisoner’s account. The prisoner authorization directs the detention facility to make those deductions and provide certified account statements for the previous six months.
The court directed Hernandez, within 30 days, either to pay the $405 in fees or complete and submit the attached prisoner authorization. It also directed him to resubmit the complaint’s signature page with an original signature, as required by the Federal Rules of Civil Procedure and the court’s local rules. The documents were to include docket number 24-CV-1282 (LTS).
Disposition
The court stated that no summons would issue at that time. If Hernandez complies with the order, the case will be processed under the Clerk’s Office procedures. If he fails to comply within the allotted time, the action will be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.