Cousar v. Lynch

Background

Saeed M. Cousar, who was incarcerated at Southern State Correctional Facility in New Jersey, brought this action without a lawyer. He submitted an application to proceed without prepaying court fees and a prisoner authorization. Under the cited federal statutes, a prisoner seeking this status must authorize installment deductions from the prison account for the filing fee and provide certified account statements for the previous six months.

Problem with the Authorization

Cousar’s authorization allowed funds from his prison account to be sent to the District of New Jersey. Because this case was filed in the Southern District of New York, the authorization was not sufficient for this action. The order explained that the total fees were $400: a $350 filing fee and a $50 administrative fee. The $50 administrative fee would not apply if the court granted permission to proceed without prepaying fees.

Order

The court ordered Cousar, within 30 days of the order, to either pay the $400 in fees or complete and submit the attached prisoner authorization directing payments for this case. The authorization had to include docket number 20-CV-639 (CM). The Clerk was directed to mail the order to Cousar and record service on the docket. No summons was to issue at that time. The order stated that the action would be dismissed if Cousar failed to comply within the allowed period.

The court also 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 proceed without prepaying fees for that appeal. The order further cautioned that a later dismissal as frivolous or for failure to state a claim could count as a statutory “strike.” This order addressed filing-fee and authorization requirements; it did not decide the merits of Cousar’s claims against the defendants.