Gudanowski v. John Doe, N.Y. State Trooper
- Vincent Briccetti
- 7:20-cv-00111
- U.S. District Court · Southern District of New York
- 2
In Gudanowski v. John Doe, Judge McMahon ordered the incarcerated plaintiff to pay filing fees or submit a fee-waiver application within 30 days.
Paul T. Gudanowski, an incarcerated person representing himself, had to pay the required fees or submit the required application and prisoner authorization within 30 days for the action to proceed.
What happened
In Paul T. Gudanowski v. John Doe #1, NY State Trooper, et al., Paul T. Gudanowski filed a civil action while incarcerated and represented himself. He submitted a complaint and a prisoner authorization but did not submit a completed application to proceed without paying fees upfront.
The court explained that he had to pay $400 in filing and administrative fees or submit a completed application to proceed without prepayment, along with the required authorization. If he applied, the $350 filing fee could be collected from his prison account in installments. The court did not issue a summons at that time.
Chief Judge Colleen McMahon gave Gudanowski 30 days from January 9, 2020, to pay the fees or submit the application. She directed that the case would be processed if he complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Gudanowski v. John Doe, N.Y. State Trooper · No. 7:20-cv-00111
- Vincent Briccetti
- Jan. 9, 2020
Background
Paul T. Gudanowski, who was incarcerated at Collins Correctional Facility, brought this civil action without a lawyer. The complaint named John Doe #1, identified as a New York State Trooper, and other defendants. The opinion does not state the claims asserted in the complaint.
Gudanowski submitted the complaint with a prisoner authorization but without a completed application to proceed without prepayment of fees. The prisoner authorization would permit the court to withdraw filing-fee payments from his account and would require certified copies of his account statements for the previous six months.
Court’s Order
The court ordered Gudanowski, within 30 days of January 9, 2020, to do one of two things: pay the required $400 in fees or submit a completed application to proceed without prepayment of fees. The court explained that the $400 consisted of a $350 filing fee and a $50 administrative fee. If the court granted the application, the $350 filing fee would still be collected from his account in installments; the $50 administrative fee would not apply to a person granted permission to proceed without prepayment.
The court directed the clerk to assign the matter to the judge’s docket, mail the order to Gudanowski, and record service on the docket. No summons was to issue at that time. The court stated that the action would be processed if Gudanowski complied and would be dismissed if he failed to comply within the allowed time.
Appeal and Prisoner-Strike Notice
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 permission to appeal without prepaying fees. The court also cautioned that a later dismissal for being frivolous or for failing to state a claim would count as a strike under 28 U.S.C. § 1915(g). After three such strikes, a prisoner generally cannot proceed without prepaying fees unless the prisoner faces imminent danger of serious physical injury.
Disposition
The order did not decide the merits of Gudanowski’s claims. It required payment of the fees or submission of the fee-waiver materials and stated that failure to comply would result in dismissal. The order also denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.