Batson v. Kellogg
- Laura Swain
- 7:25-cv-04270
- U.S. District Court · Southern District of New York
- 3
In Batson v. Kellogg, Judge Swain ordered David Batson to pay fees or submit authorization before his prisoner case proceeds.
David Batson must either pay the required fees or submit the required prisoner authorization within 30 days for his case to proceed. The action may be dismissed if he does not comply.
What happened
In Batson v. Kellogg, David Batson, who is incarcerated at the Westchester County Jail and is representing himself, submitted an application to proceed without prepaying fees. He did not submit the required prisoner authorization.
The court gave Batson 30 days to either pay $405 in filing and administrative fees or complete and submit the prisoner authorization. The authorization would allow installment deductions from his prison account for the $350 filing fee and provide certified account statements. No summons will issue at this time.
Judge Laura Taylor Swain ordered that the case will be processed if Batson complies, but that the action will be dismissed if he does not comply within the allowed time. The court also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Batson v. Kellogg · No. 7:25-cv-04270
- Laura Swain
- May 29, 2025
Background
David Batson, who is incarcerated at the Westchester County Jail, brought this civil action without a lawyer against Gary Kellogg, Correction Officer West Co., Shield #2059. Batson submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.
Fees and Required Authorization
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 application to proceed without prepaying fees and a prisoner authorization. If the court grants the application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner's account. The authorization also directs the institution to provide certified copies of the prisoner's account statements for the previous six months.
Order
The court ordered Batson, 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 1:25-CV-4270 (LTS). No summons will issue at this time. If Batson complies, the case will be processed under the Clerk's Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Judge Laura Taylor Swain also certified that any appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The order does not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.