Rose v. Sapienza

Background

Alexis Rose, who is incarcerated at Green Haven Correctional Facility, filed this civil action without a lawyer against Christopher Sapienza and other defendants. Rose submitted the complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or costs, commonly called an IFP application, or a prisoner authorization.

Court’s Order

The court explained that a prisoner filing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed IFP application and prisoner authorization. If the court grants a prisoner’s IFP application, the $350 filing fee must still be paid in installments from the prisoner’s account. The prisoner authorization permits the facility to deduct those installments and requires certified account statements for the previous six months to be sent to the court.

The court ordered Rose, within 30 days of the order, to either pay the $405 or submit the IFP application and prisoner authorization labeled with docket number 24-CV-1887 (LTS). No answer from the defendants was required at that time. If Rose complies, the Clerk’s Office will process the case under its procedures. If Rose does not comply within the allowed time, the action will be dismissed.

The court certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order also cautioned that a prisoner dismissal for frivolousness, maliciousness, or failure to state a claim can count as a “strike” under federal law.

Nature of the Ruling

Judge Laura Taylor Swain issued a procedural order addressing payment of filing fees and required forms. The order did not decide the underlying claims or whether Rose is entitled to relief.