Holmes v. Torres

Background

Alexander Holmes, who is incarcerated at Green Haven Correctional Facility and is proceeding without a lawyer, filed this civil action. The Northern District of New York transferred the action to the Southern District of New York. Holmes submitted an application to proceed without prepaying fees and a prisoner authorization, but the authorization directed deductions from his prison account to the Northern District of New York rather than to this court.

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 the required materials to request permission to proceed without prepayment. If the court grants that request, the $350 filing fee is collected through installments from the prisoner’s account. The $55 administrative fee does not apply to a person granted permission to proceed without prepayment.

The court ordered Holmes, within 30 days of the order, either to pay the $405 or to complete and submit the attached prisoner authorization. The authorization must identify docket number 24-CV-3062 (LTS). No summons will issue at this time. If Holmes complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the allowed time, the action will be dismissed.

Appeal and Prisoner-Status Information

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 an appeal. The court also cautioned that a later dismissal as frivolous, malicious, or for failure to state a claim could count as a strike under the prisoner litigation statute. Three strikes can generally prevent a prisoner from proceeding without prepaying fees in future federal civil actions, unless the prisoner faces imminent danger of serious physical injury.