Thomas v. Warden
- Colleen McMahon
- 1:20-cv-03247
- U.S. District Court · Southern District of New York
- 3
In Thomas v. Warden, Judge McMahon ordered Glenn Thomas to pay fees or submit forms to pursue his proposed civil case about MCC conditions.
Glenn Thomas, who was incarcerated at the Metropolitan Correctional Center and had submitted a letter opened as a new civil action, was required to pay the fees or submit the required forms within 30 days to continue pursuing claims about facility conditions.
What happened
Glenn Thomas sent a letter about a criminal case and conditions at the Metropolitan Correctional Center. The court opened the letter as a new civil action, although it was unclear whether Thomas intended to bring one.
The court told Thomas that he must either pay $400 in fees or submit signed forms asking to proceed without paying the fees upfront and authorizing deductions from his prisoner account. He had 30 days to comply if he wanted to pursue a new civil action about the conditions at the facility.
Judge Colleen McMahon ordered the Clerk to mail the order to Thomas, and no summons would issue at that time. The court did not decide the merits of any claim; it stated that the action would be dismissed if Thomas did not comply, and denied fee-free status for any appeal.
The detailed version
- Thomas v. Warden · No. 1:20-cv-03247
- Colleen McMahon
- Apr. 28, 2020
Background
Glenn Thomas, who was incarcerated at the Metropolitan Correctional Center, sent the court a letter apparently concerning a criminal case and conditions at the facility. The court opened the letter as a new civil action, but stated that it was unclear whether Thomas intended to proceed without a lawyer or to bring a civil case.
The court noted that Thomas had a pending criminal case and explained that challenges to his conviction after sentencing could be raised through a motion under 28 U.S.C. § 2255. The court also stated that objections to the ongoing criminal proceedings should be filed in the criminal action rather than in this new civil case.
Fee and Filing Requirements
If Thomas intended to pursue a new civil action about conditions at the Metropolitan Correctional Center, the court required him, within 30 days of the order, to either pay $400 in fees or submit a signed application to proceed without prepaying fees, together with a prisoner authorization. The authorization would allow the filing fee to be deducted from his prisoner account in installments and would require submission of certified account statements for the preceding six months.
Thomas had submitted neither the fees nor the completed forms. The court directed that any forms be labeled with docket number 20-CV-3247 (CM). It also cautioned that a later dismissal for being frivolous, malicious, or failing to state a claim could count as a strike under the prisoner filing statute.
Disposition
The court directed the Clerk to mail Thomas a copy of the order and note service on the docket. No summons was to issue at that time. If Thomas complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed. Thomas could also request in writing to withdraw the action or choose not to comply. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Colleen McMahon did not decide the merits of Thomas’s proposed claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.