Zuleta v. Krom
- Nelson Roman
- 7:24-cv-02696
- U.S. District Court · Southern District of New York
- 3
In Zuleta v. Krom, Judge Swain ordered the incarcerated plaintiff to pay fees or submit authorization before the case could proceed.
Hector Munoz Zuleta is required to either pay the specified fees or submit the prisoner authorization within 30 days to avoid dismissal of the action. The order also affects J. Krom and the other defendants by delaying issuance of summonses and further processing.
What happened
In Zuleta v. Krom, Hector Munoz Zuleta filed a lawsuit without a lawyer and asked to proceed without paying fees upfront. He submitted the required application but did not submit the separate authorization allowing installment payments from his prison account.
The court ordered Zuleta, within 30 days, either to pay $405 in fees or to submit the prisoner authorization. No summons will be issued yet. If he does not comply, the action will be dismissed. The court also denied permission to appeal without paying fees.
Judge Laura Taylor Swain issued the order on April 11, 2024. The order did not decide the underlying claims against J. Krom or the other defendants.
The detailed version
- Zuleta v. Krom · No. 7:24-cv-02696
- Nelson Roman
- Apr. 11, 2024
Background Hector Munoz Zuleta, who is incarcerated at Sullivan Correctional Facility, brought this action without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the required 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 request permission to proceed without prepaying fees. A prisoner who requests that permission must also authorize deductions from the prison account to pay the $350 filing fee in installments and must provide certified account statements for the previous six months.
The court gave Zuleta 30 days from the date of the order to either pay the $405 or complete and submit the attached prisoner authorization, labeled with docket number 24-CV-2696 (LTS). The order states that the $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees. No summons will issue at this time. If Zuleta 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.
Additional Ruling The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. The court also cautioned that certain future dismissals could count as strikes under the federal prisoner-litigation statute.
What the Order Did Not Decide The order addressed filing requirements only. It did not decide the merits of Zuleta's claims against J. Krom or the other defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.