Lamont v. The City of New York
- Laura Swain
- 1:25-cv-07477
- U.S. District Court · Southern District of New York
- 3
In Cherry v. City of New York, Chief Judge Swain ordered Lamont C. Cherry to pay fees or submit prisoner authorization before his case proceeds.
Lamont C. Cherry, an incarcerated plaintiff representing himself, must either pay the stated fees or submit the required prisoner authorization for the case to proceed.
What happened
Lamont C. Cherry v. The City of New York concerns a civil case brought by Cherry, who is incarcerated at Rikers Island and is representing himself. He submitted a request to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court gave Cherry 30 days from September 12, 2025, to either pay $405 in fees or complete and submit the prisoner authorization. That authorization permits deductions from his prison account to pay the $350 filing fee in installments and requires certified account statements. No summons will issue yet, and the action will be dismissed if Cherry does not comply within the deadline.
Chief Judge Laura Taylor Swain issued the order. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Lamont v. The City of New York · No. 1:25-cv-07477
- Laura Swain
- Sept. 12, 2025
Background
Lamont C. Cherry brought this civil action while incarcerated at Rikers Island and is proceeding without a lawyer. He submitted an application to proceed in forma pauperis, meaning he asked to proceed without paying court fees upfront. He did not submit the separate prisoner authorization required from an incarcerated person seeking that status.
Court’s Order
The court explained that a prisoner generally must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit the required materials to request permission to proceed without prepayment. Even when permission is granted, the $350 filing fee must be paid in installments deducted from the prisoner’s account. The prisoner authorization also directs the facility to provide certified account statements covering the previous six months.
Within 30 days of the order, Cherry must either pay the $405 or complete and submit the attached prisoner authorization, labeled with docket number 25-CV-7477 (LTS). No summons will issue at this time. If Cherry complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Other Ruling and Effect
The court certified that an appeal from the order would not be taken in good faith and denied in forma pauperis status for an appeal. This order addressed filing-fee and authorization requirements; it did not decide the merits of Cherry’s claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.