Joseph v. Edwards

Background

Christopher Joseph filed this action while incarcerated at Fishkill Correctional Facility. The action was initially filed in the Eastern District of New York and was transferred to the Southern District of New York. Because Joseph was incarcerated when he filed the complaint, the Prison Litigation Reform Act applied to him at that time, even though he was later released. The opinion states that the Act can require a prisoner proceeding without prepaying fees to pay the filing fee in installments and can limit that status for prisoners who have accumulated three qualifying dismissals.

After Joseph notified the Eastern District that he had been released, public records confirmed his release. The court explained that a released prisoner’s obligation to pay fees is determined like that of any other non-prisoner, based on whether the person qualifies to proceed without prepaying fees. The opinion also notes that prisoners must exhaust available prison administrative remedies, but this order does not decide whether Joseph satisfied that requirement.

Order

Because Joseph’s financial circumstances may have changed after his release, the court ordered him to do one of two things within 30 days of the order: pay $400 in 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. The amended application had to identify docket number 20-CV-7412 (CM). The Clerk was directed to mail the order to Joseph and record service on the docket. No summons was to issue at that time.

If Joseph failed to comply within the allowed period, the court stated that it would dismiss the action without prejudice to his refiling it. The order itself did not dismiss the action. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon issued the order.