Mescall v. New York City Supreme Criminal Court

Background

Sean F. Mescall, who the opinion says is detained at the Eric M. Taylor Center on Rikers Island, brought this civil action without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.

Filing requirements

The court explained that a prisoner who wants to proceed without prepaying fees must submit a signed application and a prisoner authorization. The authorization directs the correctional facility to deduct the filing fee from the prisoner’s account in installments and to provide certified copies of the account statements for the previous six months. The opinion’s opening discussion refers to $405 in total fees, while its footnote states that the administrative fee is $52 for a total of $402 when the prisoner receives this status. The operative order directs Mescall either to pay $402 or submit the prisoner authorization.

Ruling

Judge Laura Taylor Swain ordered Mescall to comply within 30 days of the order’s date and to label the authorization with docket number 25-CV-4790 (LTS). No summons will issue at this time. If Mescall complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal from this order. The order did not decide the merits of Mescall’s claims.