Liverpool v. The City of New York
- Andrew Carter
- 1:20-cv-04629
- U.S. District Court · Southern District of New York
- 2
In Liverpool v. The City of New York, Judge McMahon ordered Anton Liverpool to pay fees or request permission to proceed without prepayment.
Anton Liverpool, who was required to pay the filing fees or submit the forms needed to request permission to proceed without prepaying them; the case could be dismissed if he failed to comply.
What happened
In Liverpool v. The City of New York, Anton Liverpool filed a civil action without paying the required fees or submitting the forms needed to request permission to proceed without prepaying them. The order states that Liverpool was detained at the Rhode Island Department of Corrections Intake Service Center and was representing himself.
The court gave Liverpool 30 days to either pay $400 in fees or submit a signed application and authorization allowing installment payments from his prisoner account. The court also stated that no summons would issue at that time and that the action would be dismissed if he did not comply.
Judge Colleen McMahon directed the Clerk of Court to mail the order to Liverpool, denied permission to proceed without prepaying fees for any appeal, and stated that any appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Liverpool v. The City of New York · No. 1:20-cv-04629
- Andrew Carter
- June 17, 2020
Background
Anton Liverpool filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The opinion states that Liverpool was detained at the Rhode Island Department of Corrections Intake Service Center and was proceeding without a lawyer.
Under the statutes cited by the court, a prisoner filing a civil action must either pay $400 in fees or request permission to proceed without prepaying them. If that request is granted, the $350 filing fee is collected in installments from the prisoner's account. The prisoner authorization permits the facility to deduct those payments and requires certified copies of the prisoner's account statements for the preceding six months. The court noted that the $50 administrative fee does not apply to a person granted that status.
Order
The court ordered Liverpool, within 30 days of the order, to either pay the $400 in fees or submit the attached application and prisoner authorization forms, labeled with docket number 20-CV-4629 (CM). The Clerk of Court was directed to mail the order to Liverpool and record service on the docket. No summons was to issue at that time.
The order states that, if Liverpool complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the allotted time, the action would be dismissed. The court also cautioned that a qualifying dismissal could count as a strike under the prisoner-filing statute.
Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not address the merits of Liverpool's underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.