Mike Sheriff Scott v. The City of New York; et al.

Background

Mike Sheriff Scott, who was incarcerated at the Northeast Ohio Correctional Center, brought this action without a lawyer. He filed the complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s order

The court explained that a prisoner filing a civil action must either pay $405 in fees—$350 for the filing fee and $55 for the administrative fee—or request permission to proceed without prepaying fees. If that request is granted, the $350 filing fee must still be collected in installments from the prisoner’s account under the Prison Litigation Reform Act. The prisoner authorization directs the correctional facility to make those deductions and provide certified account statements for the prior six months.

The court ordered Scott, within 30 days of the order’s date, to either pay the $405 or submit the attached application and prisoner authorization. The documents were to identify docket number 1:25-CV-7692 (LTS). The court stated that no answer was required at that time and that, if Scott complied, the case would be processed under the Clerk’s Office procedures. The court further stated that the action will be dismissed if he failed to comply within the permitted time.

Appeal and effect

Chief Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing-fee requirements and did not rule on the merits of Scott’s claims against The City of New York or the other defendants. The order also cautioned about the possible consequences under federal law if a prisoner’s action is later dismissed as frivolous, malicious, or for failing to state a claim.