Spann v. Westchester County Valhalla Jail

Background

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

Under the statutes cited by the court, a prisoner who is allowed to proceed without prepaying fees must authorize the facility holding him to deduct the $350 filing fee from his account in installments. The court explained that the separate $55 administrative fee does not apply to a person granted that status.

Order

Within 30 days of the order, Spann must either pay $405 in fees or complete and submit the attached prisoner authorization. The authorization must identify docket number 25-CV-4739 (LTS). No summons will issue at this time. If Spann 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 under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g), but it did not determine that Spann’s case had incurred a strike.

Ruling and Effect

Chief United States District Judge Laura Taylor Swain directed Spann to pay the required fees or submit the prisoner authorization. The order addressed filing requirements and did not decide the merits of Spann’s underlying claims.