Williams v. Lohard

Background

Dominique D. Williams, who was incarcerated at Orange County Jail, brought this action without a lawyer against Lohard, John Doe, and the City of Newburgh NY. The complaint was filed without the required filing fees and without a completed application to proceed without prepayment of fees or a prisoner authorization.

Court’s Order

The court explained that a prisoner filing a civil action must either pay the required fees or request permission to proceed without prepayment. The order stated that the ordinary fees totaled $402, consisting of a $350 filing fee and a $52 administrative fee. It also explained that the administrative fee does not apply to a prisoner granted permission to proceed without prepayment, and that the $350 filing fee would be collected in installments from the prisoner’s account under the Prison Litigation Reform Act.

The court ordered Williams, within 30 days of the order, to either pay $400 or submit the attached application and prisoner authorization forms. The forms were to identify docket number 20-CV-10571 (CM). The Clerk was directed to mail Williams a copy of the order and note service on the docket. No summons was to issue at that time.

Disposition

The order did not address the merits of Williams’s claims. It stated that the case would be processed under the Clerk’s procedures if Williams complied, and that the action would be dismissed if he did not comply within the allowed time. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Chief Judge Colleen McMahon signed the order. The order also cautioned that a later dismissal as frivolous or for failure to state a claim could count as a strike under the prisoner litigation statute.