Parker v. Department of Corrections

Background

Devorn Parker, who was incarcerated at the Vernon C. Bain Center and proceeding without a lawyer, brought this action against the New York City Department of Corrections and other defendants. The court had previously directed Parker to pay the filing fees or submit an application to proceed without prepaying fees and a prisoner authorization. Parker did neither, so on December 17, 2020, the court dismissed the action without prejudice and entered judgment closing the case.

On January 26, 2021, Parker filed a second amended complaint in the closed case. The order states that this suggested he wished to proceed.

Order

The court gave Parker 30 days from the date of the order to do one of two things: pay $400 in fees, consisting of a $350 filing fee and a $50 administrative fee applicable when the action was filed, or submit the attached application to proceed without prepaying fees and prisoner authorization. The authorization would permit installment deductions from his prison account for the filing fee and require certified copies of account statements for the preceding six months.

The court directed that any submitted forms identify docket number 20-CV-9408 (CM). If the court receives them, it will treat the submission as a request to reopen the closed case and proceed with the second amended complaint. The Clerk was directed to mail Parker a copy of the order and record service on the docket. No summons was to issue at that time. If Parker failed to comply within the allowed period, the action would be dismissed.

Appeal ruling and classification

Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This was a procedural order about payment of fees, an application to proceed without prepaying fees, and possible reopening of the case; it did not decide the merits of Parker’s claims.