Murray v. City of New York

Background

Robert Lee Murray, who was incarcerated at Otis Bantum Correctional Center, brought this civil action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, but he 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 request permission to proceed without prepaying the fees. Even if the court grants the fee-waiver application, federal law requires collection of the $350 filing fee in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and to provide certified account statements for the previous six months.

The court ordered Murray, within 30 days of the order, to either pay the $405 in fees or complete and submit the attached prisoner authorization. If he submits the authorization, it must identify docket number 24-CV-6023 (LTS). No summons would issue at that time. The court stated that, if Murray complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed.

Appeal and Additional Warning

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The order also warned that certain dismissals of a prisoner’s federal action or appeal count as “strikes” under 28 U.S.C. § 1915(g), and that a prisoner with three strikes generally cannot proceed without prepaying fees unless an imminent danger of serious physical injury is shown.