Kelly v. Silver

Background

Shytique Kelly brought this civil action while incarcerated at Eastern New York Correctional Facility and proceeding without a lawyer. The action was initially filed in another federal district and was transferred to the Southern District of New York. Kelly submitted an application to proceed without prepaying fees and a prisoner authorization, but the authorization directed deductions from his prison account to the United States District Court for the Northern District of New York rather than to the Southern District of New York.

Order

The court explained that a prisoner must either pay the required filing and administrative fees or submit the materials needed to proceed without prepayment. The filing fees described in the order total $405: a $350 filing fee and a $55 administrative fee. If a prisoner is allowed to proceed without prepaying fees, the $350 filing fee is collected in installments from the prison account.

The court directed Kelly, within 30 days of the order, to do one of two things: pay $405 in fees or complete and submit the attached prisoner authorization. The order instructed him to label the authorization with docket number 22-CV-2279 (LTS). No summons would issue at that time. The court stated that, if Kelly complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

Appeal and Effect

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 about the possible consequences under the prisoner filing statute if a later action is dismissed for specified reasons. This order addressed filing requirements and did not rule on the merits of Kelly’s claims.