Kendrick v. Barns & Noble Book Store Inc.
- Laura Swain
- 1:25-cv-10024
- U.S. District Court · Southern District of New York
- 2
In De'Andre Kendrick v. Barns & Noble, Chief Judge Swain ordered Kendrick to pay fees or submit prisoner authorization within 30 days.
De'Andre Kendrick, who must either pay the required fees or submit a prisoner authorization within 30 days to continue the action.
What happened
In De'Andre Kendrick v. Barns & Noble Book Store Inc. and Barns & Noble Book Club Inc., De'Andre Kendrick, who is incarcerated and representing himself, asked to proceed without paying the fees upfront. He submitted an application but did not submit the required authorization for prison account deductions.
The court ordered Kendrick, within 30 days, either to pay $405 in fees or complete and submit the prisoner authorization. No summons will issue at this time. If he does not comply, the action will be dismissed.
Chief Judge Laura Taylor Swain also denied fee-free status for any appeal from this order, finding that an appeal would not be taken in good faith. The order did not address the underlying claims.
The detailed version
- Kendrick v. Barns & Noble Book Store Inc. · No. 1:25-cv-10024
- Laura Swain
- Dec. 3, 2025
Background
De'Andre Kendrick filed this civil action while incarcerated at Westville Correctional Facility and is representing himself. He submitted an application to proceed in forma pauperis (IFP), meaning to proceed without paying the filing fees upfront, but he did not submit the required prisoner authorization.
Court’s Order
The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit the documents required to request IFP status. If IFP status is granted, the $350 filing fee must be collected in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and provide certified account statements for the previous six months.
The court ordered Kendrick to do one of two things within 30 days of the order: pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with the case docket number. No summons will issue at this time. If Kendrick does not comply within the allowed time, the action will be dismissed. The court also stated that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Effect of the Order
The order addresses filing requirements and payment of fees, not whether Kendrick’s claims against the defendants have merit. Judge Laura Taylor Swain issued the order. The court also cautioned that certain future dismissals of prisoner actions may count as strikes under the Prison Litigation Reform Act.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.