Mitchells v. New York City

Background

Johnathan Mitchells brought this action pro se, meaning without a lawyer, while detained at the George R. Vierno Center on Rikers Island. He submitted a complaint, a prisoner authorization, and an incomplete application to proceed in forma pauperis (IFP), meaning without prepaying court fees. The IFP application was missing its second page and was unsigned.

The fee requirement

The court explained that a prisoner filing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed IFP application and a prisoner authorization. If IFP status is granted, the $350 filing fee must be collected in installments from the prisoner’s account. The prisoner authorization allows the facility to deduct those payments and requires certified copies of the prisoner’s account statements for the previous six months. The $55 administrative fee does not apply to a person granted IFP status.

Order

The court ordered Mitchells, within 30 days of the order, to either pay the $405 in fees or submit the attached amended IFP application, labeled with docket number 25-CV-4743 (LTS). No summons would issue at that time. If he complied, the Clerk’s Office would process the case under its procedures; if he failed to comply within the allowed time, the action would 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 IFP status for purposes of an appeal. The order cautioned that certain future dismissals of prisoner cases can count as “strikes” under 28 U.S.C. § 1915(g), potentially limiting a prisoner’s ability to file future federal civil actions without prepaying fees unless the prisoner faces imminent danger of serious physical injury.