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S.D.N.Y.Procedural orderFiled June 17, 2025

Carter v. Doe

Judge
Laura Swain
Docket
1:25-cv-04524
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedurePro Se
In one sentence

In Carter v. Doe, Judge Swain ordered John Carter to pay fees or submit applications to proceed without prepayment.

Who this affects

John Carter, who must either pay the required fees or submit the specified application and prisoner authorization within 30 days to avoid dismissal of the action. The order also affects the facility holding him because the authorization would permit installment deductions from his prison account.

What happened

John Carter filed this civil action against Doe without paying the required fees or submitting a completed application to proceed without prepayment. The order states that Carter is incarcerated at the Rikers Island – West Facility Annex and is representing himself.

The court gave Carter 30 days to either pay $405 in fees or submit a signed application and authorization allowing installment payments from his prison account. The court also stated that no summons would issue at that time.

If Carter does not comply within the allowed time, the action will be dismissed; if he does comply, the Clerk’s Office will process the case. Judge Laura Taylor Swain also denied permission to proceed without prepayment for an appeal from this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Carter v. Doe · No. 1:25-cv-04524
Judge
Laura Swain
Date
June 17, 2025

Background

John Carter filed a civil complaint against Doe. The opinion states that Carter is incarcerated at the Rikers Island – West Facility Annex and is proceeding without a lawyer. He submitted the complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Fees and required filings

The court explained that a prisoner filing a civil action must either pay $405 in fees—$350 for the filing fee and $55 for the administrative fee—or request permission to proceed without prepaying fees. To make that request, Carter must submit a signed application and a prisoner authorization. The authorization allows the facility holding him to deduct the $350 filing fee from his account in installments and requires certified account statements for the previous six months. Even if permission to proceed without prepaying fees is granted, the full $350 filing fee must be paid through those installments.

Order

Within 30 days of the order, Carter must either pay the $405 in fees or submit the required application and prisoner authorization, labeled with docket number 1:25-CV-4524. No summons will issue at this time. If Carter 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 from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain signed the order. The opinion does not decide the underlying claims against Doe.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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