Smith v. New York State Unified Court Systems
- Laura Swain
- 1:25-cv-05653
- U.S. District Court · Southern District of New York
- 2
In Jone Smith v. New York State Unified Court Systems, Judge Swain ordered Smith to pay fees or submit authorization before the case proceeds.
Jone Smith, a detained plaintiff representing himself, must either pay the required fees or submit the prisoner authorization within 30 days for the case to proceed.
What happened
Jone Smith v. New York State Unified Court Systems concerns a civil case brought by Smith, who is detained and representing himself. Smith submitted an application to proceed without paying court fees upfront but did not submit the required prisoner authorization.
The court gave Smith 30 days to either pay $405 in fees or submit the authorization. The authorization would allow installment payments of the $350 filing fee from Smith’s account and provide the required account statements. No summons will issue yet, and the case will be processed only if Smith complies; otherwise, the action will be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the underlying claims.
The detailed version
- Smith v. New York State Unified Court Systems · No. 1:25-cv-05653
- Laura Swain
- July 10, 2025
Background
Jone Smith, who is detained at the Eric M. Taylor Center and is representing himself, filed this civil action against New York State Unified Court Systems and other defendants. Smith submitted an application to proceed without prepaying court fees, but he did not submit the required prisoner authorization.
Under the cited federal statutes, a prisoner who seeks permission to proceed without prepaying fees must submit a signed application and a prisoner authorization. If permission is granted, the $350 filing fee is collected in installments from the prisoner’s account. The separate $55 administrative fee does not apply to a person granted that status.
Order
The court ordered Smith, within 30 days of July 10, 2025, to either pay the full $405 in fees or complete and submit the attached prisoner authorization. If Smith submits the authorization, it must be labeled with docket number 25-CV-5653 (LTS). The authorization directs the detention facility to deduct the $350 filing fee from Smith’s account in installments and to send the court certified copies of the account statements for the preceding six months.
No summons will issue at this time. If Smith complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed period, the action will be dismissed.
The court also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not decide the underlying claims against the defendants. It also cautions that certain dismissals of prisoner cases can count as “strikes” under the federal prisoner-litigation statute.
Disposition
The court issued an order directing Smith to pay the required fees or submit the prisoner authorization. It did not rule on the merits of Smith’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.