Munoz Zuleta v. Krom

Background

Hector Munoz Zuleta, who was incarcerated at Sullivan Correctional Facility, brought this civil action without a lawyer. He submitted an application to proceed in forma pauperis, meaning without prepaying court fees, but he did not submit the required prisoner authorization.

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 a signed application and prisoner authorization. If the court allows the prisoner to proceed without prepaying fees, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to deduct those payments and send the court certified account statements covering the previous six months.

The court ordered Munoz Zuleta, within 30 days of the order, to either pay the $405 or complete and submit the attached prisoner authorization, labeled with docket number 24-CV-2363 (LTS). No summons would issue at that time. The order stated that, if he complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed period, the action would be dismissed.

Additional Rulings

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The attached authorization form stated that the full $350 filing fee remains due even if a prisoner is allowed to proceed without prepayment and that the fee may be deducted in installments even if the case is dismissed or voluntarily withdrawn. The order also warned about the possible consequences of qualifying dismissals under the federal prisoner “three strikes” rule.