Morgan v. NYC Department of Corrections

Background

Durran Morgan filed a civil action against NYC Department of Corrections et al. Morgan is incarcerated at Rikers Island, Robert N. Davoren Complex, and is proceeding without a lawyer. The opinion does not describe the claims in the complaint.

Filing-fee requirement

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 in forma pauperis (IFP), meaning without prepaying the fees. A prisoner seeking IFP status must submit a signed IFP application and a prisoner authorization. The authorization permits the $350 filing fee to be collected in installments from the prisoner’s account and requires certified account statements for the previous six months. The $55 administrative fee does not apply to a person granted IFP status.

Morgan submitted the complaint without the fees, a completed IFP application, or a prisoner authorization. The court ordered Morgan, within 30 days of the order, either to pay the $405 or submit the IFP application and prisoner authorization, labeled with docket number 25-CV-9151.

Effect of the order

No answer from the defendants was required at that time. If Morgan complies, the case will be processed under the Clerk’s Office procedures. If Morgan does not comply within the allowed time, the action will be dismissed. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.

The court also cautioned that a later dismissal of a prisoner’s federal civil action or appeal as frivolous, malicious, or failing to state a claim can count as a “strike” under 28 U.S.C. § 1915(g). After three strikes, a prisoner generally cannot file new federal civil actions IFP unless under imminent danger of serious physical injury and must pay filing fees when filing a new action. The court did not rule on the merits of Morgan’s claims.