Blanding v. Part 65 Judge

Background

Johnny Blanding filed this civil action without a lawyer while he was held in the Vernon C. Bain Center in the Bronx. He submitted the complaint with a prisoner authorization but did not submit a completed application to proceed without prepaying fees.

Order

The court directed Blanding, within 30 days of the order, to do one of two things: pay the $400 required to file a civil action in the court, consisting of a $350 filing fee and a $50 administrative fee, or submit a completed application to proceed without prepaying fees.

The order explained that, if the court granted the application, the Prison Litigation Reform Act would require collection of the $350 filing fee in installments from Blanding’s prison trust-fund account. The $50 administrative fee would not apply to a person granted permission to proceed without prepaying fees. Blanding’s prisoner authorization would permit those installment deductions and would require submission of certified copies of his trust-fund account statements for the prior six months.

The Clerk of Court was directed to mail Blanding a copy of the order and record service on the docket. No summons would issue at that time. If Blanding complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.

Appeal and classification

Judge Colleen McMahon 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 appeal without prepaying fees. The order did not address the merits of Blanding’s claims. It was a procedural order concerning filing fees and permission to proceed without prepayment.