Barnar v. New York City Department of Corrections

Background

Maurice Barnar filed this civil action against the New York City Department of Corrections and other defendants while incarcerated at the North Infirmary Command. The opinion states that he proceeded without a lawyer. He submitted the complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Required filing materials

The order explains that a prisoner filing a civil action must either pay $400 in fees, consisting of a $350 filing fee and a $50 administrative fee, or request permission to proceed without prepaying fees. A prisoner seeking that permission must submit a signed application and a prisoner authorization. The authorization allows the facility where the prisoner is incarcerated to deduct the $350 filing fee from his account in installments and requires certified account statements for the preceding six months to be sent to the court. The order notes that the $50 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Court’s order

The court ordered Barnar, within 30 days of the order, to pay the $400 in fees or submit the attached application and prisoner authorization, labeled with docket number 20-CV-3978 (CM). The Clerk was directed to mail him a copy of the order and record service on the docket. No summons was to issue at that time. If Barnar 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.

Chief United States District 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 also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a qualifying dismissal, or “strike,” under 28 U.S.C. § 1915(g).