Jackson v. Carter

Background

Raymond L. Jackson, who was incarcerated at Sing Sing Correctional Facility, brought this action without a lawyer. The opinion states that a prisoner filing a civil action must either pay $400 in fees—$350 for the filing fee and $50 for the administrative fee—or request permission to proceed without prepaying those fees. Jackson submitted an application to proceed without prepayment but did not submit the required prisoner authorization.

Order

The court ordered Jackson, within 30 days of the order, either to pay the $400 in fees or complete and submit the attached prisoner authorization. If he submitted the authorization, it had to identify docket number 20-CV-3936 (CM). The authorization would direct the correctional facility to deduct the $350 filing fee from Jackson’s account in installments and send the court certified copies of his account statements for the preceding six months. The opinion explains that the $50 administrative fee does not apply to a person granted permission to proceed without prepayment under the cited statute.

Effect and disposition

The Clerk was directed to mail the order to Jackson and note service on the docket. No summons was to issue at that time, and the case would be processed under the Clerk’s procedures if Jackson complied. The court warned that the action would be dismissed if he failed to comply within the allowed period. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements and did not decide the underlying claims against C.O. R. Carter. The court additionally cautioned that a later dismissal as frivolous or for failure to state a claim could count as a qualifying strike under the prisoner litigation statute.