Jackson v. Annucci

Background

Lavogia Jackson, who was incarcerated at Green Haven Correctional Facility, brought this civil action without a lawyer. Jackson submitted an application to proceed in forma pauperis (IFP), meaning without prepaying the court’s fees, but did not submit the required prisoner authorization.

Fees and required authorization

The court explained that a prisoner proceeding in the case must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed IFP application and a prisoner authorization. If IFP status is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to make those deductions and send the court certified copies of the prisoner’s account statements for the previous six months. The $50 administrative fee does not apply to a person granted IFP status.

Order

The court ordered Jackson to do one of two things within 30 days of the order: pay the $400 in fees or complete and submit the attached prisoner authorization, labeled with docket number 20-CV-2008 (CM). The Clerk was directed to mail Jackson a copy of the order and note service on the docket. No summons was to issue at that time. The court stated that, if Jackson complied, the case would be processed under the Clerk’s Office procedures, and that, if Jackson failed to comply within the allowed time, the action would be dismissed.

Chief Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order also warned that a later dismissal for frivolousness or failure to state a claim could count as a “strike” under 28 U.S.C. § 1915(g).