Golding v. DHS/ICE
- Vernon Broderick
- 1:20-cv-08679
- U.S. District Court · Southern District of New York
- 2
In Golding v. DHS/ICE, Chief Judge McMahon ordered Karim Golding to pay fees or submit authorization to proceed without prepayment.
Karim Golding, an incarcerated plaintiff representing himself, was required to pay the filing fee or submit a prisoner authorization within 30 days to avoid dismissal of the action.
What happened
In Golding v. DHS/ICE, Karim Golding, who is incarcerated and representing himself, submitted an application to proceed without paying fees but did not submit the required prisoner authorization.
The court gave Golding 30 days to either pay $400 in fees or complete and submit the prisoner authorization. The court said the case would be dismissed if he did not comply, and no summons would issue at that time.
Chief Judge Colleen McMahon also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Golding v. DHS/ICE · No. 1:20-cv-08679
- Vernon Broderick
- Nov. 10, 2020
Background
Karim Golding brought this action while incarcerated and representing himself. The court had previously directed him to either pay the $400 fee for filing a civil action or request permission to proceed without prepaying fees by submitting a signed application and a prisoner authorization. Golding submitted a signed application but did not submit the prisoner authorization.
Order
The court ordered Golding, within 30 days, to do one of two things: pay the $400 filing fee or complete and submit the attached prisoner authorization. The authorization was to identify docket number 20-CV-8679 (CM). The Clerk of Court was directed to mail the order to Golding and record service on the docket.
The court stated that no summons would issue at that time. If Golding complied, the Clerk's Office would process the case under its procedures. If he failed to comply within the allowed time, the court stated that it would dismiss the action.
Additional Rulings
The court warned that certain dismissals of a prisoner's federal civil action can count as strikes under 28 U.S.C. § 1915(g), potentially affecting the prisoner's ability to proceed without prepaying fees in later federal civil actions. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Judge
The order was issued by Colleen McMahon, Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.