Pearson v. State of New York
- Laura Swain
- 1:24-cv-04341
- U.S. District Court · Southern District of New York
- 3
In Pearson v. State of New York, Judge Swain ordered Pearson to pay fees or submit authorization within 30 days, or the action will be dismissed.
Robert Pearson must either pay the required fees or submit the prisoner authorization within 30 days; otherwise, the action will be dismissed. The order also denies permission to appeal without paying fees.
What happened
In Pearson v. State of New York, Robert Pearson, who is incarcerated and representing himself, submitted an application to proceed without paying court fees upfront. He did not submit the required authorization allowing deductions from his prison account.
The court ordered Pearson, within 30 days, either to pay $405 in fees or submit the completed prisoner authorization. If he submits the authorization, the $350 filing fee will be collected from his account in installments. The court also said that no summons would issue yet and that the action will be dismissed if Pearson does not comply.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The order did not decide the claims against the defendants.
The detailed version
- Pearson v. State of New York · No. 1:24-cv-04341
- Laura Swain
- June 17, 2024
Background
Robert Pearson, who is incarcerated at Orange County Jail and is proceeding without a lawyer, filed this action against the State of New York and other defendants. He submitted an application to proceed in forma pauperis, meaning without prepaying the court fees, but 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 submit the documents required to request in forma pauperis status. Even when that status is granted, the $350 filing fee must be collected in installments from the prisoner’s account under the Prison Litigation Reform Act.
The court ordered Pearson, within 30 days of June 17, 2024, either to pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 24-CV-4341 (LTS). The authorization would direct the facility holding Pearson to provide certified account statements for the previous six months and deduct the filing fee from his account in installments. The court stated that no summons would issue at that time. If Pearson does not comply within the allowed period, the action will be dismissed.
Appeal and Effect
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The order addressed the filing-fee and authorization requirements; it did not resolve the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.