Whitaker v. Doe

Background

Michael Whitaker filed this civil action against Doe. The opinion says Whitaker is incarcerated at the Rikers Island - Otis Bantum Correctional Center and is representing himself. The opinion does not describe the claims or the relief requested.

Fees and Required Documents

The court explained that filing a civil action ordinarily requires $405: a $350 filing fee and a $55 administrative fee. A prisoner who cannot prepay may apply to proceed without prepaying fees, commonly called proceeding in forma pauperis, by submitting a signed application and a prisoner authorization. The authorization allows the court to collect the $350 filing fee in installments from the prisoner's account and requires certified account statements for the previous six months. The $55 administrative fee does not apply to a person granted this status.

Whitaker submitted his complaint without the fees, a completed application, or a prisoner authorization.

Order

The court ordered Whitaker, within 30 days of the order, to either pay the $405 in fees or submit the application and prisoner authorization, labeled with docket number 1:25-CV-4532 (LTS). No summons will issue at this time. If Whitaker 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 any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order does not decide the merits of Whitaker's claims.