Smith v. Doe
- Laura Swain
- 1:25-cv-04973
- U.S. District Court · Southern District of New York
- 2
In Emres M. Smith v. Doe, Judge Swain ordered payment of fees or submission of paperwork to proceed without prepayment.
Emres M. Smith, an incarcerated plaintiff representing himself, must either pay the required fees or submit the specified paperwork within 30 days to avoid dismissal of the action.
What happened
In Emres M. Smith v. Doe, the incarcerated plaintiff filed a civil action without paying the required fees or submitting a completed application to proceed without prepayment and a prisoner authorization.
The court gave the plaintiff 30 days to pay $405 in fees or submit the required application and authorization. No summons will issue yet, and the case will be processed if he complies; otherwise, the action will be dismissed.
Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Smith v. Doe · No. 1:25-cv-04973
- Laura Swain
- June 18, 2025
Background
Emres M. Smith, who is incarcerated at Rikers Island – West Facility Annex, filed this civil action without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without submitting a completed application to proceed without prepayment of fees or a prisoner authorization.
Court’s Order
The court ordered Smith, within 30 days, to either pay $405 in fees or submit the attached application to proceed without prepayment of fees and prisoner authorization. The $405 consists of a $350 filing fee and a $55 administrative fee. If the court grants the application, the $350 filing fee will be collected in installments from Smith’s account under the Prison Litigation Reform Act. The authorization also directs the facility to deduct those payments and provide certified account statements for the preceding six months.
No summons will issue at this time. If Smith complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted period, the action will be dismissed. The opinion does not decide the merits of Smith’s claims.
Appeal
Judge Laura Taylor Swain certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.