Jordan v. Amesting

Background

David Jordan filed this civil action while incarcerated at the Rikers Island – George R. Vierno Center and without a lawyer. He submitted a complaint and a prisoner authorization, but he did not submit a completed application to proceed without prepaying fees.

Fees and required filing

The court explained that filing a civil action requires $405: a $350 filing fee and a $55 administrative fee. Within 30 days of the order, Jordan must either pay the $405 or submit the attached application to proceed without prepaying fees, labeled with docket number 1:25-CV-6496. If the court grants that application, the $350 filing fee will still be collected from Jordan’s account in installments under the Prison Litigation Reform Act. The $55 administrative fee does not apply to a person granted this status.

Court’s action

The court directed Jordan to pay the fees or submit the application within 30 days. No summons will issue at this time. If Jordan complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the allowed time, the action will be dismissed. Chief United States District Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order also cautioned that certain future dismissals could count as strikes under the federal prisoner-filing statute.