Spann v. Peekskill Police

Background

Madison R. Spann, who is detained at the Westchester County Jail, brought this action without a lawyer. Spann submitted an application to proceed without prepaying court fees, but did not submit the required prisoner authorization.

Fee requirements

The court explained that a prisoner must either pay $405—the $350 filing fee plus a $55 administrative fee—or request permission to proceed without prepaying fees. If that request 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 permits the facility to deduct those payments and directs it to send the court certified account statements for the previous six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order and disposition

Within 30 days of the order, Spann must either pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 25-CV-4373 (LTS). No summons will issue at this time. If Spann complies, the Clerk’s Office will process the case under its procedures. If Spann does not comply within the allowed time, the action will be dismissed.

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 denied permission to appeal without prepaying fees. The order also cautioned that a later dismissal of a prisoner’s federal civil action as frivolous, malicious, or for failure to state a claim could count as a statutory “strike.”