Powell v. Doe

Background

Tyriq Powell filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or the required prisoner authorization. The order states that Powell is incarcerated at Rikers Island – West Facility Annex and is representing himself.

Payment and fee-free filing requirements

The court explained that filing a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or an application to proceed in forma pauperis (IFP), meaning without prepaying fees. If a prisoner’s IFP application is granted, the $350 filing fee is collected in installments from the prisoner’s account. The prisoner authorization permits those deductions and requires certified account statements for the preceding six months.

The court ordered Powell, within 30 days of September 29, 2025, to either pay the $405 or submit the attached IFP application and prisoner authorization, labeled with docket number 25-CV-7963 (LTS). If he 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. The court did not require an answer at that time.

Appeal ruling and warning

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order also warned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a statutory “strike” affecting a prisoner’s ability to file future federal civil actions without prepaying fees.