Richardson v. City of New York

Background

Devin Richardson, who the opinion says is incarcerated at MDC Brooklyn, brought this action without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.

Filing-fee requirements

The court explained that a prisoner bringing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit the documents required to request permission to proceed without prepaying fees. If that permission is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and to provide the court with certified account statements for the preceding six months. The $55 administrative fee does not apply to a person granted this fee waiver.

Order

The court ordered Richardson, within 30 days of the order, to either pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 25-CV-0287 (LTS). No summons would issue at that time. The court stated that failure to comply would result in dismissal of the action without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.

Judge Laura Taylor Swain signed the order on January 13, 2025. The opinion also warned that certain dismissals of prisoner cases can count as strikes under the federal prisoner-litigation statute, and that three strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury.