Griffith v. Clarkstown Police Dept.
- Philip Halpern
- 7:20-cv-06505
- U.S. District Court · Southern District of New York
- 3
In Griffith v. Clarkstown Police Dept., Judge McMahon ordered Griffith to pay fees or submit an amended poverty application and update his address.
Brandon Griffith was required to pay the stated fees or submit an amended application to proceed without prepaying fees, and to update his address within 30 days. The action could be dismissed without prejudice if he failed to comply.
What happened
In Griffith v. Clarkstown Police Dept., Brandon Griffith filed the case while incarcerated but was later released and placed under parole supervision. The court said his financial situation may have changed.
The court ordered Griffith, who was representing himself, to either pay $400 in filing and administrative fees or submit an amended application to proceed without prepaying fees within 30 days. He also had to update his address within that time.
Chief Judge Colleen McMahon ordered that no summons issue yet and said the case would be dismissed without prejudice if Griffith did not comply. She also denied poverty status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Griffith v. Clarkstown Police Dept. · No. 7:20-cv-06505
- Philip Halpern
- Sept. 15, 2020
Background
Brandon Griffith filed this action while incarcerated at Auburn Correctional Facility and was therefore a “prisoner” under the Prison Litigation Reform Act. He was proceeding without a lawyer and had asked to proceed without prepaying filing fees. The court determined from public records that Griffith had since been released and was under parole supervision.
Court’s analysis
The court explained that a released prisoner’s obligation to pay fees is determined by the ordinary standard for a person seeking to proceed without prepaying fees. Because Griffith’s financial situation may have changed after his release, the court required an updated application. The court also directed him to update his address of record because he was no longer in custody and had not provided a current mailing address.
Ruling
Chief Judge Colleen McMahon ordered Griffith to do one of two things within 30 days: pay the $400 required fees, consisting of a $350 filing fee and a $50 administrative fee, or complete and submit an amended application to proceed without prepaying fees. He also had to update his address within 30 days. The clerk was directed to mail him the order and note service on the docket, and no summons was to issue at that time.
The court stated that if Griffith failed to comply, it would dismiss the action without prejudice to refiling. The court also certified that any appeal from the order would not be taken in good faith and denied the ability to proceed without prepaying fees for purposes of an appeal. This order addressed filing-fee, address, and case-management requirements; it did not decide the underlying claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.