Jackson v. Cuomo
- Kenneth Karas
- 7:20-cv-08930
- U.S. District Court · Southern District of New York
- 2
In Eric Jackson v. Andrew Cuomo, Judge McMahon ordered Jackson to pay fees or submit prisoner authorization within 30 days.
Eric Jackson, an incarcerated plaintiff representing himself, was required to pay the filing fees or submit authorization for installment deductions before the case could proceed. The action could be dismissed without prejudice if he did not comply.
What happened
Eric Jackson v. Andrew Cuomo concerns a civil-rights case brought by Eric Jackson, who was incarcerated and representing himself. The case had been transferred to the Southern District of New York.
Jackson submitted an application to proceed without paying the filing fees upfront, but he did not submit the required authorization allowing installment payments to be deducted from his prison account. The court gave him 30 days to either pay the $400 in fees or submit the authorization.
The court ordered this requirement and said the case would be dismissed without prejudice if Jackson did not comply. No summons would issue at that time, and Chief Judge Colleen McMahon denied permission to appeal without prepaying fees.
The detailed version
- Jackson v. Cuomo · No. 7:20-cv-08930
- Kenneth Karas
- Oct. 26, 2020
Background
Eric Jackson, who was incarcerated at Fishkill Correctional Facility, brought this civil-rights action without a lawyer against Andrew Cuomo and other defendants. He originally filed the action in the Eastern District of New York, where it received a different docket number, and that court transferred it to the Southern District of New York under 28 U.S.C. § 1406.
Filing-fee requirement
The court explained that a prisoner filing a civil action must either pay $400 in fees or ask to proceed without paying the fees upfront. The $400 consists of a $350 filing fee and a $50 administrative fee. A prisoner who receives permission to proceed without prepaying fees must still pay the $350 filing fee in installments under the Prison Litigation Reform Act. The prisoner must therefore submit an authorization allowing deductions from the prison account and requiring the facility to provide account statements for the preceding six months.
Jackson submitted an application to proceed without prepaying fees, but he did not submit the required prisoner authorization.
Order
The court ordered Jackson, within 30 days of October 26, 2020, either to pay the $400 in fees or to complete and submit the attached prisoner authorization, labeled with docket number 20-CV-8930 (CM). The Clerk was directed to mail him the order and record service on the docket. No summons would issue at that time. If Jackson complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the allowed period, the action would be dismissed without prejudice.
Chief United States District Judge Colleen McMahon 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 Jackson's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.