Antrobus v. Unified Court System
- Louis Stanton
- 1:21-cv-00380
- U.S. District Court · Southern District of New York
- 3
In Antrobus v. Unified Court System, Judge McMahon ordered signatures and fees or applications within 30 days before the case could proceed.
Andre Antrobus and any other detainees listed in the caption who intended to proceed as plaintiffs. Noncomplying detainees would have their action dismissed without prejudice as to them.
What happened
Antrobus v. Unified Court System began with a complaint signed by Andre Antrobus, who was detained and representing himself. The court said it was unclear whether he was trying to represent other detainees, which he could not do, or whether those detainees intended to become plaintiffs themselves.
The court ordered each intended plaintiff to provide a signed declaration and either pay $402 in fees or submit an application to proceed without paying the fees upfront, along with authorization for installment deductions from a prisoner account. These materials were due within 30 days. No summons would issue yet.
Judge Colleen McMahon ordered that the case would be dismissed without prejudice as to any listed detainee who did not comply. She also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Antrobus v. Unified Court System · No. 1:21-cv-00380
- Louis Stanton
- Jan. 15, 2021
Background
Andre Antrobus filed the complaint while detained at the Otis Bantum Correctional Center and proceeding without a lawyer. The opinion states that it was unclear whether Antrobus intended to represent other detainees or whether other detainees intended to sign the complaint and proceed as plaintiffs. The court noted that a person proceeding without a lawyer cannot represent other detainees.
Signature requirement
The court explained that Federal Rule of Civil Procedure 11(a) requires an unrepresented party to personally sign a pleading. Antrobus had signed the complaint. Any other detainee already listed on the docket who intended to be a plaintiff was directed to complete and return the court's signature declaration within 30 days of the order.
Filing-fee requirement
The complaint was filed without the required fees and without a completed application to proceed without prepaying fees, or an authorization for each plaintiff. The court ordered each plaintiff, within 30 days, either to prepay $402—the $350 filing fee and $52 administrative fee—or submit the attached application and prisoner-authorization forms. If the court grants the application, the $350 filing fee must be collected in installments from the prisoner's account. The opinion explains that the $52 administrative fee does not apply to a person granted this status.
Disposition
The Clerk of Court was directed to mail the order to the plaintiffs and record service on the docket. No summons was to issue at that time. If a detainee listed in the caption did not comply within the allowed period, the action would be dismissed without prejudice as to that individual. 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. This order addressed signatures, filing fees, and appeal-fee status; it did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.