Sabino v. City of New York
- Laura Swain
- 1:24-cv-02176
- U.S. District Court · Southern District of New York
- 3
In Sabino v. City of New York, Chief Judge Swain ordered Saul Sabino to pay fees or submit prisoner authorization within 30 days.
Saul Sabino and the procedural status of his civil action; the order requires him to pay the fees or submit the required prisoner authorization before the case proceeds.
What happened
In Sabino v. City of New York, Saul Sabino, who is incarcerated and representing himself, submitted an application to proceed without paying court fees upfront but did not submit the required prisoner authorization.
The court ordered Sabino, within 30 days, either to pay $405 in fees or submit the completed authorization. The authorization would allow installment payments of the $350 filing fee from his prison account. No summons will issue yet, and the action will be dismissed if he does not comply.
Chief Judge Laura Taylor Swain also denied permission to proceed without paying fees for an appeal from this order, finding that any appeal would not be taken in good faith.
The detailed version
- Sabino v. City of New York · No. 1:24-cv-02176
- Laura Swain
- Mar. 26, 2024
Background
Saul Sabino filed this civil action while incarcerated and proceeding without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the separate prisoner authorization required for an incarcerated person seeking that status.
The Court’s Order
Judge Swain ordered Sabino, 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 - complete and submit the attached prisoner authorization.
If submitted, the authorization must identify docket number 24-CV-2176 (LTS). It would direct the facility holding Sabino to provide certified copies of his prison account statements for the previous six months and deduct the $350 filing fee from his account in installments. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.
Procedural Status and Appeal
No summons will issue at this time. If Sabino complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide the merits of Sabino’s claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.