Nwaogu v. Dr. Kalimulina

Background

Uchemmadu Nwaogu, who is detained at North Infirmary Command on Rikers Island, 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.

Court’s Analysis

The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or request permission to proceed without prepaying fees by submitting the required application and prisoner authorization. If permission is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected through installment deductions from the prisoner’s account. The prisoner authorization also directs the detention facility to make those deductions and provide certified account statements for the preceding six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order

The court ordered Nwaogu, within 30 days of the order, to either pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 25-CV-5169 (LTS). No summons will issue at this time. If Nwaogu complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the permitted 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 appeal without prepaying fees. The order did not decide the underlying claims.