Hickman v. The City of New York

Background

Quandel Hickman filed a civil action against The City of New York and other defendants while detained at the Anna M. Kross Correctional Center. The order states that Hickman was proceeding without a lawyer. He submitted a complaint and a prisoner authorization, but he did not submit a completed application to proceed without prepaying filing fees.

Order

The court ordered Hickman, within 30 days of July 2, 2020, to do one of two things: pay $400 in filing fees, consisting of a $350 filing fee and a $50 administrative fee, or submit a completed application to proceed without prepaying fees. A prisoner seeking that status must also authorize deductions from the prison trust account and provide certified account statements for the previous six months. If the court grants the application, the $350 filing fee must be collected in installments; the $50 administrative fee does not apply to a person granted this status.

The Clerk of Court was directed to mail Hickman a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Hickman complied, and that the action would be dismissed if he did not comply within the allowed period.

Other Ruling and Effect

Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the underlying claims. It also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a statutory “strike” under 28 U.S.C. § 1915(g), affecting a prisoner’s ability to proceed without prepaying fees after three such strikes.