Stubbs v. Moore
- Nelson Roman
- 7:20-cv-10800
- U.S. District Court · Southern District of New York
- 2
In Stubbs v. Moore, Judge McMahon ordered Cornelius Stubbs to pay filing fees or submit paperwork to proceed without prepayment.
Cornelius Stubbs, who must either pay the required fees or submit the paperwork to proceed without prepayment; the case would be dismissed if he failed to comply within 30 days.
What happened
In Stubbs v. Moore, Cornelius Stubbs filed a civil-rights lawsuit without paying the required fees or submitting a completed application to proceed without prepaying them. He was detained and represented himself.
The court gave Stubbs 30 days to either pay $402 or submit a signed application and authorization allowing installment payments from his account. The court also directed the clerk to mail him the order, and no summons would issue at that time.
Judge McMahon warned that failure to comply would result in dismissal and denied permission to appeal without prepaying fees, stating that an appeal would not be taken in good faith. The order did not decide the claims against the defendants.
The detailed version
- Stubbs v. Moore · No. 7:20-cv-10800
- Nelson Roman
- Dec. 23, 2020
Background
Cornelius Stubbs filed this civil action without a lawyer against Det. Kevin Moore, three officers identified as John Doe, the New Windsor Police Department, and the Town of New Windsor. The complaint was submitted without the required filing fees, a completed application to proceed without prepaying fees, or a prisoner authorization.
What the court required
The court explained that a prisoner must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without prepayment and a prisoner authorization. If the court grants that application, the $350 filing fee must be collected in installments from the prisoner's account. The authorization also permits the facility to deduct those payments and requires certified account statements for the prior six months.
The court ordered Stubbs, within 30 days of the order, to choose one of those options. The documents were to identify docket number 20-CV-10800 (CM). The clerk was directed to mail the order to Stubbs and record service on the docket. No summons was to issue at that time.
Ruling and effect
Judge Colleen McMahon ordered Stubbs to pay the fees or submit the required application and authorization. The court stated that the case would be processed under the clerk's procedures if he complied, but that the action would be dismissed if he did not comply within the allowed time. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and did not decide the merits of Stubbs's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.