Williams v. Bonano

Background

Willie Williams, who is incarcerated at Attica Correctional Facility and is proceeding without a lawyer, filed this civil action against Sgt. Bonano and other defendants. He submitted an application to proceed without prepaying court fees and a prisoner authorization. The court determined that the authorization he submitted was not appropriate for the Southern District of New York.

Court’s instructions

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. Even when permission is granted, the $350 filing fee must be paid in installments from the prisoner’s account. The prisoner authorization permits the facility to provide certified account statements for the preceding six months and deduct the required payments.

Within 30 days of the order, Williams was required to pay the $405 or complete and submit the attached prisoner authorization, labeled with docket number 24-CV-1586 (LTS). No summons was to issue at that time. The order stated that the case would be processed through the Clerk’s Office if Williams complied and that the action would be dismissed if he did not comply within the allowed time.

Ruling

Chief United States District Judge Laura Taylor Swain directed Williams to meet one of those filing-fee requirements within 30 days. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that certain future dismissals could count as strikes under the federal prisoner-litigation statute.