Kendrick v. Winfrey
- Laura Swain
- 1:25-cv-09038
- U.S. District Court · Southern District of New York
- 5
In De'Andre Kendrick v. Winfrey, Judge Swain ordered Kendrick to pay $405 or submit required forms within 30 days to continue.
De'Andre Kendrick, who must either pay the required fees or submit the specified documents within 30 days for the action to proceed.
What happened
In De'Andre Kendrick v. Winfrey, De'Andre Kendrick filed a civil action without paying the required fees or submitting a completed application to proceed without prepaying fees and a prisoner authorization. The order states that Kendrick is incarcerated and is representing himself.
The court gave Kendrick 30 days to either pay $405 or submit the required application and authorization. The $405 consists of a $350 filing fee and a $55 administrative fee. If Kendrick submits the forms and receives permission to proceed without prepaying fees, the $350 filing fee will still be collected from his prison account in installments.
Judge Laura Taylor Swain stated that no response from the defendants was required at that time and that the case would be processed if Kendrick complied. She stated that the action would be dismissed if he did not comply within the deadline and denied permission to appeal without prepaying fees.
The detailed version
- Kendrick v. Winfrey · No. 1:25-cv-09038
- Laura Swain
- Nov. 3, 2025
Background
De'Andre Kendrick filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees, commonly called an IFP application, or a prisoner authorization. The order states that Kendrick is incarcerated at the Indiana Department of Correction and is proceeding without a lawyer.
Payment or fee-waiver requirements
The court explained that a prisoner filing a civil action must either pay $405 in fees or submit the required documents to request permission to proceed without prepaying fees. The $405 includes a $350 filing fee and a $55 administrative fee. If the court grants the fee-waiver application, the $350 filing fee must still be paid in installments deducted from the prisoner's account. The prisoner authorization permits the facility to make those deductions and requires certified account statements for the preceding six months.
Order
The court ordered Kendrick, within 30 days of the order, to either pay the $405 or submit the attached fee-waiver application and prisoner authorization labeled with docket number 25-CV-9038 (LTS). The court stated that no answer was required from the defendants at that time. If Kendrick complies, the case will be processed under the Clerk's Office procedures; if he does not comply within the deadline, the action will be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.