Barnett v. State of New York
- Laura Swain
- 1:25-cv-04248
- U.S. District Court · Southern District of New York
- 3
In Barnett v. State of New York, Judge Swain ordered payment or prisoner authorization within 30 days, warning that noncompliance will lead to dismissal.
Lafvorne L. Barnett, whose action may be dismissed if he does not pay the required fees or submit the prisoner authorization within 30 days.
What happened
In Barnett v. State of New York, Lafvorne L. Barnett, who is incarcerated and representing himself, submitted an application to proceed without paying court fees upfront but did not submit the required prisoner authorization.
The court gave Barnett 30 days to pay $405 in fees or submit the authorization. The authorization would allow installment payments of the $350 filing fee from his prison account and provide six months of account statements. The court said no summons would issue yet and warned that failing to comply would result in dismissal of the action.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Barnett v. State of New York · No. 1:25-cv-04248
- Laura Swain
- May 29, 2025
Background
Lafvorne L. Barnett filed this civil action while incarcerated at the Westchester County Jail and is representing himself. He submitted an application to proceed in forma pauperis (IFP), meaning without prepaying court fees, but did not submit the required prisoner authorization.
Court’s Requirements
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 IFP application and prisoner authorization. If IFP status is granted, the Prison Litigation Reform Act requires collection of the $350 filing fee in installments from the prisoner’s account. The authorization also directs the correctional facility to provide certified account statements for the previous six months and deduct the required payments.
Within 30 days of the order, Barnett must pay the $405 or complete and submit the attached prisoner authorization, labeled with docket number 1:25-CV-4248 (LTS). No summons will issue at this time. If Barnett complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted time, the action will be dismissed.
Ruling
Judge Laura Taylor Swain directed Barnett to satisfy one of those filing requirements and warned that failure to do so will result in dismissal. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order does not decide the underlying claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.