Jean v. The City of New York
- Laura Swain
- 1:25-cv-06302
- U.S. District Court · Southern District of New York
- 2
In Jean v. The City of New York, Judge Swain ordered Lesly Jean to pay fees or file prisoner authorization within 30 days.
Lesly Jean, a detained prisoner proceeding without a lawyer, because the case will be dismissed if the required payment or prisoner authorization is not submitted within 30 days.
What happened
In Jean v. The City of New York, Lesly Jean filed a civil case while detained and without a lawyer. Jean asked to proceed without paying the fees upfront but submitted only an application, not the required prisoner authorization.
The court ordered Jean, within 30 days, either to pay the required fees or submit the authorization. The authorization would allow installments to be taken from Jean’s account to pay the filing fee. No summons will issue yet, and the case will be processed if Jean complies; otherwise, the action will be dismissed.
Judge Swain also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Jean v. The City of New York · No. 1:25-cv-06302
- Laura Swain
- Aug. 5, 2025
Background
Lesly Jean sued the City of New York and a defendant identified as Doe. The opinion states that Jean was detained at the Otis Bantum Correctional Center on Rikers Island and was proceeding without a lawyer.
To begin a civil case in federal court, a prisoner must either pay the required fees or request permission to proceed without prepaying them. A prisoner requesting that permission must submit a signed application and a prisoner authorization. The authorization directs the detention facility to deduct the filing fee from the prisoner’s account in installments and to provide certified account statements for the previous six months.
Order
Jean submitted an application to proceed without prepaying fees but did not submit the required prisoner authorization. The court ordered Jean, within 30 days of August 5, 2025, either to pay the fees stated in the order or to complete and submit the attached prisoner authorization labeled with docket number 25-CV-6302 (LTS).
The court stated that no summons would issue at that time. If Jean complies, the Clerk’s Office will process the case under its procedures. If Jean does not comply within the allowed time, the action will be dismissed. The court also cautioned that a dismissal for frivolousness, maliciousness, or failure to state a legally sufficient claim could count as a filing “strike” under the federal prisoner-litigation statute.
Appeal and disposition
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. This order directs Jean to satisfy the filing requirements; it does not decide the underlying claims in the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.