Ledesma v. Rikers Island Dept of Corrections

Background

Elias Ledesma, who was incarcerated at West Facility on Rikers Island and represented himself, filed a civil action against Rikers Island Dept. of Corrections and other defendants. He submitted the complaint without paying the filing fees and without completing an application to proceed without prepaying fees or a prisoner authorization.

Fees and required filings

The court stated that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants that application, the $350 filing fee must be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to make those deductions and provide certified copies of the prisoner’s account statements for the previous six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Ruling

Judge Laura Taylor Swain ordered Ledesma, within 30 days of the order, to either pay the $405 in fees or submit the completed application and prisoner authorization. The documents must identify docket number 24-CV-2211 (LTS). No summons will issue at this time. If Ledesma 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 also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court cautioned that certain future dismissals could count as strikes under the Prison Litigation Reform Act.