Kirschbaum v. Daily

Background

George Kirschbaum filed this action without a lawyer while incarcerated at Mohawk Correctional Facility. He originally brought the action in another federal district court. That court later separated claims arising at Woodbourne Correctional Facility against the defendants named here and transferred those claims to the Southern District of New York. The transferred claims became a new action requiring a separate filing-fee payment or a separate request to proceed without prepaying fees.

Fee and filing requirements

The court explained that a prisoner starting a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit an application to proceed without prepaying fees. A prisoner seeking that status must also submit a signed prisoner authorization. The authorization permits the facility holding the prisoner to deduct the $350 filing fee from the prisoner’s account in installments and requires certified account statements for the prior six months.

Within 30 days of the order, Kirschbaum must pay the $405 or submit the fee-waiver application and prisoner authorization, labeled with docket number 25-CV-6117 (LTS). The $55 administrative fee does not apply if the court grants the fee-waiver application.

Ruling

Judge Laura Taylor Swain ordered Kirschbaum to complete one of those two options within 30 days. The court directed that no summons issue at that time and stated that the action will be dismissed without prejudice if he does not comply. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Kirschbaum’s claims.