Murray v. John Doe NYPD Officer Precit 1

Background

Daniel Murray filed this civil action while incarcerated at Green Haven Correction Facility and without a lawyer. He submitted the complaint without paying the filing fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Payment or fee-application requirement

The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. The prisoner authorization permits the facility to deduct the $350 filing fee from the prisoner’s account in installments and requires certified account statements for the previous six months. The $55 administrative fee does not apply if the court grants permission to proceed without prepaying fees.

Order

Within 30 days of the order, Murray must either pay the $405 in fees or submit the required application and prisoner authorization, labeled with docket number 24-CV-6465 (LTS). The court ordered that no summons issue at that time. If Murray 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 and additional notice

Chief United States District Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also cautioned that a later dismissal for being frivolous, malicious, or failing to state a claim may count as a strike under the prisoner-fee statute. This order did not address the underlying claims against the defendants.