Reshard v. City of New York Dept. of Correction
- Laura Swain
- 1:24-cv-02531
- U.S. District Court · Southern District of New York
- 2
In Reshard v. City of New York Dept. of Correction, Judge Swain gave Kevin Reshard 30 more days to file a prisoner authorization and denied appeal fee-waiver status.
Kevin Reshard, whose case must be supplemented with a prisoner authorization before it can proceed; the defendants are affected because no summons will issue yet.
What happened
In Reshard v. City of New York Dept. of Correction, the court explained that Kevin Reshard had been ordered to submit a prisoner authorization, but the form was not included with the order. The order was also first mailed to a facility where he was no longer detained.
The court gave Reshard 30 additional days to submit the authorization and told him to include the case number. No summons will be issued yet. If he does not submit the form on time, the action will be dismissed; if he complies, the case will proceed through the Clerk’s Office procedures.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-waiver status for any appeal.
The detailed version
- Reshard v. City of New York Dept. of Correction · No. 1:24-cv-02531
- Laura Swain
- June 26, 2024
Background
The court had previously directed Kevin Reshard to submit a prisoner authorization within 30 days. The court’s earlier order stated that a blank authorization form was attached, but the form was not included. Instead, the mailing included an application to proceed without paying filing fees, which Reshard had already submitted. The order was initially mailed to the Eric M. Taylor Center, where Reshard had been held in pretrial detention, even though he had later been transferred to the Robert N. Davoren Center. The Clerk’s Office remailed the order to the latter facility on May 21, 2024.
Order
Because the court’s earlier order did not include the required prisoner-authorization form, the court granted Reshard additional time to file it. He must submit the authorization within 30 days of the June 26, 2024 order and label it with docket number 24-CV-2531 (LTS).
No summons will issue at this time. If Reshard 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-Related Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied Reshard permission to proceed without paying appeal fees for purposes of an appeal. The opinion does not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.