Pedrow v. Barbour
- Philip Halpern
- 7:24-cv-04010
- U.S. District Court · Southern District of New York
- 3
In Pedrow v. Barbour, Judge Swain ordered Jahiem Pedrow to pay fees or submit prisoner authorization within 30 days before the case proceeds.
Jahiem Pedrow, a prisoner who filed the action without a lawyer; the order also describes requirements that apply to prisoners seeking to proceed without prepaying federal court fees.
What happened
Pedrow v. Barbour concerns Jahiem Pedrow, who is incarcerated and filed the action without a lawyer. He submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court ordered Pedrow, within 30 days, either to pay the $405 in fees or submit the authorization allowing installment payments from his prison account. No summons will issue yet, and the case will be processed if he complies; if he does not, the action will be dismissed.
Chief United States District Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Pedrow v. Barbour · No. 7:24-cv-04010
- Philip Halpern
- June 3, 2024
Background
Jahiem Pedrow, who was incarcerated at Westchester County Jail and litigated without a lawyer, filed this civil action. He submitted an application to proceed without prepaying court fees, but he did not submit the required prisoner authorization.
Under the statutes cited by the court, a prisoner must either pay $405 in fees or request permission to proceed without prepayment by submitting both a signed application and a prisoner authorization. If permission to proceed without prepayment is granted, the $350 filing fee must be collected in installments from the prisoner's account. The $55 administrative fee does not apply to a person granted that status.
Order
The court directed Pedrow to do one of two things within 30 days of the order: pay the $405 in fees, or complete and submit the attached prisoner authorization under docket number 24-CV-4010 (LTS). The authorization permits the agency holding him to provide certified account statements and deduct the filing fee in installments.
No summons will issue at this time. If Pedrow complies, the case will be processed under the Clerk's Office procedures. If he fails to comply within the allowed time, the action will be dismissed. The order also cautioned that certain dismissals of prisoner cases can count as "strikes" under 28 U.S.C. § 1915(g).
Judge's ruling
Chief United States District Judge Laura Taylor Swain issued the order. She certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.