Wright v. Warden RMSC Doe
- Laura Swain
- 1:24-cv-05711
- U.S. District Court · Southern District of New York
- 5
In Wright v. Warden RMSC Doe, Judge Swain ordered Marcus C. Wright to pay fees or submit forms before the case proceeds.
Marcus C. Wright, who must either pay the filing fees or submit the required forms within 30 days for the action to proceed.
What happened
Marcus C. Wright filed this civil action without paying the required fees or submitting a completed application to proceed without prepaying them. The order says he is incarcerated at Rose M. Singer Center and is representing himself.
The court gave Wright 30 days to either pay $405 or submit the required application and authorization allowing installment payments from his prison account. No summons will issue yet. If he does not comply, the action will be dismissed.
Judge Laura Taylor Swain also denied payment-free status for any appeal from this order, finding that an appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Wright v. Warden RMSC Doe · No. 1:24-cv-05711
- Laura Swain
- Aug. 6, 2024
Background
Marcus C. Wright filed a civil action while incarcerated at Rose M. Singer Center. The opinion states that he is proceeding without a lawyer. He submitted the complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.
Fees and required filings
The court explained that a prisoner filing a civil action must either pay $405 in fees—$350 for filing and $55 in administrative fees—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants the application, the $350 filing fee must still be collected in installments from the prisoner's account. The authorization also directs the correctional facility to send the court certified account statements for the previous six months and to deduct the required payments.
Order
Within 30 days after the order, Wright must either pay the $405 fee or submit the attached application and prisoner authorization, labeled with docket number 24-CV-5711 (LTS). No summons will issue at this time. If Wright 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.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied payment-free status for purposes of an appeal. The order did not address the merits of Wright's underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.