Lee v. New York City
- Laura Swain
- 1:24-cv-05938
- U.S. District Court · Southern District of New York
- 3
In Lee v. New York City, Judge Swain ordered the incarcerated plaintiff to pay fees or submit forms and an original signature before the case proceeds.
Matthew Lee, also known as Matthew Arias-Lee, must meet the court’s filing-fee, prisoner-authorization, and signature requirements within 30 days to avoid dismissal of the action.
What happened
Matthew Lee, also known as Matthew Arias-Lee, sued the City of New York and other defendants while representing himself from custody. He filed the complaint without paying the required fees or submitting an application to proceed without paying them, and he did not sign the complaint.
The court gave Lee 30 days to either pay $405 or submit the required application and authorization for installment payments from his prisoner account. He must also submit a complaint signature page bearing an original signature. No summons will issue at this time.
If Lee does not comply within 30 days, the action will be dismissed; if he does comply, the clerk’s office will process the case. Judge Laura Taylor Swain also denied permission to proceed without paying fees for any appeal from this order, certifying that an appeal would not be taken in good faith.
The detailed version
- Lee v. New York City · No. 1:24-cv-05938
- Laura Swain
- Aug. 6, 2024
Background
Matthew Lee, also known as Matthew Arias-Lee, filed this civil action against the City of New York and other defendants while incarcerated in the George R. Vierno Center on Rikers Island. He was representing himself. The complaint was filed without either the required filing fees or the documents needed to request permission to proceed without paying those fees in advance. The complaint also lacked Lee’s signature.
Court’s requirements
The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit an application to proceed without prepayment of fees and a prisoner authorization. If permission is granted, the $350 filing fee is collected in installments from the prisoner’s account. The authorization also directs the correctional facility to deduct those payments and provide certified account statements for the previous six months.
The court also explained that federal procedural rules require an unrepresented party to sign pleadings and other papers personally, using an original handwritten signature or mark. The court ordered Lee, within 30 days of the order, to do both of the following: (1) pay the $405 or submit the required application and prisoner authorization, and (2) submit the complaint’s signature page with an original signature. The documents must identify docket number 24-CV-5938 (LTS).
Disposition
No summons will issue at this time. If Lee complies, the case will be processed under the clerk’s office procedures. If he fails to comply within the allowed 30 days, the action will be dismissed. Judge Laura Taylor Swain also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order did not decide the underlying claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.