Orr v. Barakatu

Background

Anthony Orr filed this civil action while incarcerated at Rikers Island and proceeding without a lawyer. The opinion states that he submitted a complaint and a prisoner authorization, but not a completed application to proceed without prepaying court fees.

Fee Requirement

The court explained that a prisoner filing a civil action must either pay $400 in fees—$350 for filing and $50 for administration—or request permission to proceed without prepaying fees. A request to proceed without prepayment is commonly called an IFP application. The prisoner must also submit an authorization allowing the facility to deduct the $350 filing fee from the prisoner's account in installments and provide certified account statements for the previous six months. The $50 administrative fee does not apply to a person granted IFP status.

Order

Judge Colleen McMahon ordered Orr, within 30 days of the order, to either pay the $400 in fees or submit the attached completed IFP application, labeled with docket number 20-CV-2443 (CM). The clerk was directed to mail Orr a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the clerk's procedures if Orr complied and would be dismissed if he failed to comply within the allotted time.

Appeal and Strike Warning

The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The court also cautioned that a later dismissal for being frivolous or for failing to state a claim could count as a strike under the federal prisoner-litigation statute. After three strikes, a prisoner generally cannot file new actions without prepaying fees unless the prisoner faces imminent danger of serious physical injury.