Bouknight v. Whelmer

Background

Justin Bouknight, who the opinion says is incarcerated at the Otis Bantum Correctional Center on Rikers Island, brought this action without a lawyer. He submitted a prisoner authorization and an application to proceed without prepaying filing fees. The court explains that a prisoner filing a civil action must either pay $405 in fees or submit a signed application meeting the requirements for proceeding without prepayment.

The Defect in the Application

The second page of Bouknight’s application was missing. The court therefore found that the application was incomplete and unsigned. If a prisoner’s application is granted, the Prison Litigation Reform Act requires collection of the $350 filing fee in installments from the prisoner’s account. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order

The court ordered Bouknight, within 30 days of the order, to either pay the $405 in fees or complete and submit the attached amended application. If he submits the amended application, it must include docket number 25-CV-3212 (LTS). No summons will issue at this time. If Bouknight complies, the case will be processed under the Clerk’s Office’s procedures; if he does not comply within the allowed time, the action will be dismissed without prejudice. Chief United States District Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Classification

This is a procedural order. The court addressed the filing-fee application and did not decide the underlying claims.