Evans v. Walgreens Pharmacy Store
- Laura Swain
- 1:25-cv-03219
- U.S. District Court · Southern District of New York
- 3
In Evans v. Walgreens Pharmacy Store, Judge Swain ordered Ivan N. Evans to pay fees or submit authorization within 30 days before the case proceeds.
Ivan N. Evans, an incarcerated plaintiff representing himself; the action against Walgreens Pharmacy Store and the other named defendants will not proceed unless Evans pays the fees or submits the required prisoner authorization.
What happened
In Evans v. Walgreens Pharmacy Store, Ivan N. Evans, who is incarcerated at Westchester County Jail and is representing himself, submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court ordered Evans, within 30 days, either to pay $405 in fees or submit the completed prisoner 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 ruled that an appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Evans v. Walgreens Pharmacy Store · No. 1:25-cv-03219
- Laura Swain
- July 31, 2025
Background
Ivan N. Evans filed this civil action while incarcerated at the Westchester County Jail and without a lawyer. He submitted an application to proceed without prepaying court fees, but he did not submit the separate prisoner authorization required from an incarcerated person seeking that status.
Court’s order
The court explained that filing a civil action ordinarily requires $405: a $350 filing fee and a $55 administrative fee. A prisoner who is allowed to proceed without prepaying fees must still pay the $350 filing fee in installments from the prisoner’s account. The prisoner authorization permits the correctional facility to deduct those installments and requires certified account statements for the preceding six months to be sent to the court.
Within 30 days of the order, Evans must either pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 1:25-CV-3219 (LTS). No summons will issue at this time. If Evans 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.
Other ruling and effect
The court 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 did not address the underlying claims against Walgreens Pharmacy Store or the other defendants. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.