O'Kane v. New York State Department of Correctional Service

Background

David O’Kane brought this action while representing himself. He submitted the complaint without paying the required filing fees and without an application to proceed without prepayment of fees.

Order

The court explained that a plaintiff filing a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application requesting permission to proceed without prepayment. The court directed O’Kane, within 30 days of the order, to choose one of those options. If he submitted the application, it was to identify docket number 20-CV-2148 (CM). If the court granted the application, he could proceed without paying the fees in advance.

The Clerk of Court was directed to mail O’Kane a copy of the order and record service on the docket. The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if O’Kane complied, but that the action would be dismissed if he did not comply within the time allowed.

Appeal and disposition

Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This was an initial filing-fee and application order; the opinion did not decide the underlying claims.