Singleton v. The People of the State of New York

Background

Aaron Singleton, who was incarcerated at the Vernon C. Bain Center, brought this civil action without a lawyer. He submitted a complaint but did not submit the required filing fees, a completed application to proceed in forma pauperis (IFP), meaning without prepaying the filing fees, or a prisoner authorization.

Fees and required forms

The order explained that a prisoner filing a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit an IFP application and prisoner authorization. If IFP status is granted, the $350 filing fee is collected in installments from the prisoner’s prison trust-fund account. The prisoner authorization also directs the facility to make those deductions and provide certified copies of the account statements for the preceding six months. The $50 administrative fee does not apply to a person granted IFP status.

Court’s order

The court ordered Singleton, within 30 days of the order, to do one of two things: pay the $400 in fees, or submit the completed IFP application and prisoner authorization, labeled with docket number 20-CV-4686 (CM). The Clerk was directed to mail him a copy of the order and note service on the docket. No summons would issue at that time.

The order stated that, if Singleton complied, the case would be processed under the Clerk’s procedures. If he failed to comply within the allowed time, the action would be dismissed. The court did not address the underlying claims in the complaint. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied IFP status for purposes of an appeal. The order additionally cautioned about the possible consequences under 28 U.S.C. § 1915(g) if a prisoner’s later civil action is dismissed as malicious, frivolous, or for failure to state a claim.