Hamm v. NYPD Parking Enforcement Action Unit

Background

Jeffery Hamm proceeded without a lawyer and was held at the North Infirmary Command on Rikers Island when he filed this action. Because he was incarcerated at the time of filing, the court determined that he was a prisoner under the Prison Litigation Reform Act, a federal law that imposes certain requirements on incarcerated plaintiffs. Those requirements include paying the $350 filing fee in installments when proceeding without prepaying the fee and, in some circumstances, being barred from that status after three qualifying prior cases. Prisoners must also exhaust available prison administrative remedies.

Before deciding Hamm’s request to proceed without prepaying fees, the court learned from public records that he had been released. The court stated that, after release, his obligation to pay fees would be determined under the standards applicable to non-prisoners. Because his financial situation might have changed, the court required a new financial application.

Order

The court ordered Hamm, within 30 days, to do one of two things: pay $400 in fees, consisting of the $350 filing fee and a $50 administrative fee, or complete and submit the attached amended application to proceed without prepaying fees. The amended application had to include docket number 1:20-CV-2687 (CM). Hamm also had to update his address of record within 30 days.

The court warned that failure to comply would result in dismissal of the action without prejudice to refiling. No summons would issue at that time. The court also certified that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal.

Disposition and Classification

This was a procedural order about filing fees, financial eligibility, address information, and possible future dismissal. The court did not decide the underlying claims against the defendants. Judge Colleen McMahon directed the Clerk of Court to mail the order to Hamm and note service on the docket.