Swinson v. City of New York

Background

Randy E. Swinson brought this civil action without a lawyer while detained in the Manhattan Detention Complex. He submitted a complaint, a prisoner authorization, and an incomplete application to proceed in forma pauperis (IFP), meaning to proceed without prepaying court fees. The application contained only the first page of the required two-page form and was not complete or signed as required.

Payment or Amended Application

The court explained that a prisoner must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit the required IFP materials. If IFP status is granted, the $350 filing fee must be collected in installments from the prisoner’s account. The court ordered Swinson, within 30 days of the order, to either pay the $400 or complete, sign, and submit the attached two-page amended IFP application, labeled with docket number 20-CV-2694 (CM).

Ruling and Effect

The court directed the Clerk of Court to mail the order to Swinson and note service on the docket. No summons would issue at that time. The case would be processed under the Clerk’s procedures if Swinson complied, but the action would be dismissed if he failed to comply within the allowed period. Chief Judge Colleen McMahon also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order additionally cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a filing “strike” under the prisoner litigation statute.