Evans v. Jones

Background

Ivan N. Evans, who is incarcerated at Westchester County Jail, filed this civil action representing himself against Ethaniel Jones and other defendants. He submitted the complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or 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 request permission to proceed without prepaying fees. To make that request, Evans had to submit a signed application and a prisoner authorization. The authorization permits the facility holding him to deduct the $350 filing fee from his account in installments and requires certified account statements for the previous six months.

The court ordered Evans to do one of two things within 30 days of the order: pay the $405 in fees, or submit the application and prisoner authorization, labeled with docket number 24-CV-6015 (LTS). The court stated that no answer was required at that time. If Evans complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the allowed time, the action will be dismissed.

Disposition and Effect

Judge Laura Taylor Swain did not decide the underlying claims or the defendants’ liability. This was an administrative and filing-fee order requiring Evans to either pay the fees or submit the documents needed to request permission to proceed without prepayment. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.