Dupigny v. United States
- Louis Stanton
- 1:20-cv-05346
- U.S. District Court · Southern District of New York
- 2
In Dupigny v. United States, Judge McMahon ordered Hubert Dupigny to pay filing fees or submit prison forms within 30 days, warning of dismissal.
Hubert Dupigny, who must either pay the required filing fees or submit the required application and prisoner authorization within 30 days to avoid dismissal; the United States and the other named defendants are affected because the case will not proceed to summons at this stage.
What happened
Dupigny v. United States concerns a pro se filing by Hubert Dupigny, who was detained at the Metropolitan Detention Center in Brooklyn and described his filing as a request for restraining, cease-and-desist, and injunctive orders.
The court said it was unclear whether Dupigny intended to start a new action. Because he had not paid the required fees or submitted an application to proceed without prepaying them and a prisoner authorization, the court directed him to do one of those things within 30 days.
Judge Colleen McMahon ordered the Clerk to mail Dupigny the order and said no summons would issue yet. The court said the case would be processed if he complied, but would dismiss the action if he did not; it also denied permission to appeal without prepaying fees.
The detailed version
- Dupigny v. United States · No. 1:20-cv-05346
- Louis Stanton
- July 27, 2020
Background
Hubert Dupigny filed this pro se action and described it as a “Motion for a Restraining Order, a Cease and Desist Order, and Injunction.” The opinion states that he was detained at the Metropolitan Detention Center in Brooklyn, New York. It was unclear to the court whether Dupigny intended to file a new action.
Filing-fee requirements
The court explained that a prisoner starting a civil action must either pay $400 in fees— a $350 filing fee and a $50 administrative fee—or ask to proceed in forma pauperis, meaning without paying the fees upfront. To make that request, a prisoner must submit a signed application and a prisoner authorization. The authorization allows the court to collect the $350 filing fee in installments from the prisoner’s account and requires certified account statements for the previous six months.
Dupigny had mailed his motion without the filing fees, an application to proceed without prepaying fees, or a prisoner authorization.
Order
The court directed Dupigny, within 30 days of the order, either to pay the $400 in fees or to submit the required application and prisoner authorization labeled with docket number 20-CV-5346 (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.
Judge Colleen McMahon stated that the case would be processed under the Clerk’s Office procedures if Dupigny complied. If he failed to comply within the allowed time, the court would dismiss the action. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion did not decide the merits of Dupigny’s requested restraining order, cease-and-desist order, or injunction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.