Folborg v. Blot
- Philip Halpern
- 7:24-cv-08913
- U.S. District Court · Southern District of New York
- 2
In Folborg v. Blot, Judge Swain ordered Akil Folborg to pay fees or submit required forms within 30 days before the case can proceed.
Akil Folborg, an incarcerated person representing himself, must either pay the required fees or submit the required application and prisoner authorization within 30 days. The order also explains requirements affecting prisoners who seek to file federal civil actions without prepaying fees.
What happened
In Folborg v. Blot, Akil Folborg filed a civil lawsuit without paying the required fees and without submitting a completed application to proceed without prepaying fees or the required prisoner authorization. The opinion states that Folborg is incarcerated and representing himself.
The court ordered Folborg, within 30 days, either to pay $405 in filing and administrative fees or to submit the required application and authorization. The authorization would allow filing-fee payments to be deducted from his prisoner account in installments. The court said no response from the defendants was required at that time and warned that the action would be dismissed if Folborg did not comply.
Judge Laura Taylor Swain issued the order on December 2, 2024. She also ruled that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the underlying claims.
The detailed version
- Folborg v. Blot · No. 7:24-cv-08913
- Philip Halpern
- Dec. 2, 2024
Background
Akil Folborg filed this civil action against Lieutenant Blot and other defendants. The opinion states that Folborg is incarcerated at Green Haven Correctional Facility and is representing himself. He submitted the complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.
Required payment or application
The court explained that a prisoner filing a civil action must either pay $405, consisting of a $350 filing fee and a $55 administrative fee, or request permission to proceed without prepaying fees. The request requires a signed application and a prisoner authorization. If permission is granted, the $350 filing fee is collected in installments from the prisoner's account, and the authorization directs the correctional facility to make those deductions and provide certified account statements for the previous six months. The $55 administrative fee does not apply to a person granted that status.
Order
The court ordered Folborg to do one of two things within 30 days of the order's date: pay the $405 in fees, or submit the attached application and prisoner authorization, labeled with docket number 24-CV-8913 (LTS). No answer was required from the defendants at that time. If Folborg 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 fee-free status for purposes of an appeal. The order did not address the merits of Folborg's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.