Reed v. The City of New York

Background

Calvin Reed brought this action while being held in the North Infirmary Command on Rikers Island. He was representing himself. Reed submitted an application asking to proceed without paying the filing fees in advance, but he did not submit the required prisoner authorization.

Fee and authorization requirements

The court explained that a prisoner starting a federal civil action must either pay $400 in fees—the $350 filing fee and a $50 administrative fee—or submit the documents required to proceed without prepayment. Those documents include a signed application and a prisoner authorization.

If the court grants permission to proceed without prepayment, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner's trust fund account. The prisoner authorization directs the correctional facility to make those deductions and to send the court certified copies of the prison trust account statements for the previous six months. The $50 administrative fee does not apply to a person granted permission to proceed without prepayment under the cited statute.

Ruling and next steps

Chief Judge Colleen McMahon ordered Reed, within 30 days of the order, to either pay the $400 in fees or complete and submit the attached prisoner authorization labeled with docket number 1:20-CV-8352 (CM). The Clerk was directed to mail Reed a copy of the order and note service on the docket. No summons was to issue at that time.

The court stated that, if Reed complied, the action would be processed under the Clerk's Office procedures. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Reed's claims.