Fauntleroy v. NYC Two Detectives
- Louis Stanton
- 1:20-cv-06419
- U.S. District Court · Southern District of New York
- 2
In Fauntleroy v. NYC Two Detectives, Judge McMahon ordered payment or fee-waiver forms before the case could proceed.
Lawrence Fauntleroy, a prisoner representing himself, had to pay the required fees or submit an IFP application and prisoner authorization for the action to proceed.
What happened
Fauntleroy v. NYC Two Detectives is a civil action brought by Lawrence Fauntleroy, who was incarcerated and representing himself. He submitted his complaint without paying the required fees or completing the required forms.
The court gave Fauntleroy 30 days to either pay $400 in fees or submit an application to proceed without prepaying fees and a prisoner authorization. The authorization would allow installment deductions from his account for the filing fee and provide account statements.
Chief Judge Colleen McMahon directed the Clerk to mail the order, said no summons would issue at that time, and stated that the action would be dismissed if Fauntleroy did not comply. She also denied permission to appeal without prepaying fees.
The detailed version
- Fauntleroy v. NYC Two Detectives · No. 1:20-cv-06419
- Louis Stanton
- Aug. 27, 2020
Background
Lawrence Fauntleroy filed this civil action without paying filing fees or submitting a completed application to proceed without prepaying fees, known as an IFP application, and a prisoner authorization. The opinion states that Fauntleroy was incarcerated at Dekalb County Jail in Decatur, Georgia, and was representing himself. The action had been transferred from the U.S. District Court for the Northern District of Georgia.
Fee and IFP requirements
The court explained that a prisoner bringing a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed IFP application and prisoner authorization. If IFP status is granted, the $350 filing fee must be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to send certified copies of the prisoner’s account statements for the prior six months. The $50 administrative fee does not apply to a person granted IFP status.
Ruling
Chief Judge Colleen McMahon ordered Fauntleroy, within 30 days of the order, to either pay the $400 in fees or submit the attached IFP application and prisoner authorization, labeled with docket number 20-CV-6419 (CM). The Clerk was directed to mail him a copy of the order and note service on the docket. No summons was to issue at that time. The order stated that the action would be processed under the Clerk’s procedures if Fauntleroy complied and would be dismissed if he did not comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide the underlying claims.
Additional warning
The court warned that a later dismissal for frivolousness or failure to state a claim would count as a “strike” under 28 U.S.C. § 1915(g). After three such strikes, a prisoner generally cannot proceed without prepaying fees in a new action unless the prisoner faces imminent danger of serious physical injury.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.