Randolph v. Wilson
- Colleen McMahon
- 1:20-cv-09678
- U.S. District Court · Southern District of New York
- 3
In Randolph v. Wilson, Judge McMahon ordered Ryan Randolph to submit a prisoner authorization within 30 days or face dismissal.
Ryan Randolph was required to submit the prisoner authorization within 30 days. If he failed to do so, the action would be dismissed.
What happened
In Randolph v. Wilson, Ryan Randolph submitted an application to proceed without paying fees upfront, but he did not submit the required prisoner authorization form.
The court ordered Randolph to file the authorization within 30 days. The form permits prison officials to provide account information and deduct filing fees from his prison account. The court directed the Clerk to mail the order and said no summons would issue at that time.
If Randolph complies, the case will proceed through the Clerk’s Office procedures; if he does not, the action will be dismissed. Chief Judge Colleen McMahon also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Randolph v. Wilson · No. 1:20-cv-09678
- Colleen McMahon
- Feb. 2, 2021
Background
The court had previously directed Ryan Randolph either to pay $400 in fees or to submit an application to proceed without paying fees upfront and the required prisoner authorization forms. The court received Randolph’s completed fee-waiver application on January 17, 2021, but it did not receive the prisoner authorization.
Order
The court ordered Randolph to file the attached prisoner authorization within 30 days of the order. The authorization form states that a prisoner must pay the full filing fees in installments even if the court permits proceeding without prepayment. It also authorizes the agency holding the prisoner to provide a certified six-month prison-account statement, calculate the required deductions, and send payments to the court.
The Clerk of Court was directed to mail the order to Randolph and record service on the docket. No summons was to issue at that time. The court stated that, if Randolph complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Chief United States District Judge Colleen McMahon signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.