Izeh v. NYPD
- Colleen McMahon
- 1:20-cv-06869
- U.S. District Court · Southern District of New York
- 6
In Izeh v. NYPD, Judge McMahon ordered Matthew Izeh to update his address and submit an amended fee-waiver application or pay $400.
Matthew Izeh, who was directed to update his address and either submit an amended application to proceed without prepaying fees or pay $400 to continue the action.
What happened
In Izeh v. NYPD, Matthew Izeh was detained on Rikers Island when he filed the case and later was released from New York City Department of Correction custody. He had not given the court his new mailing address.
The court ordered Izeh, within 30 days, either to complete and submit an amended application to proceed without paying fees or to pay $400 in filing fees. He also had to notify the court of his current address. No summons would issue at that time.
Judge Colleen McMahon stated that the case would be dismissed without prejudice to refiling if Izeh did not comply. She also denied fee-waiver status for an appeal because any appeal would not be taken in good faith.
The detailed version
- Izeh v. NYPD · No. 1:20-cv-06869
- Colleen McMahon
- Feb. 2, 2021
Background
Matthew Izeh filed the action while detained on Rikers Island and sought permission to proceed without paying court fees, commonly called in forma pauperis status. He was later released from the custody of the New York City Department of Correction but did not provide the court with his new mailing address.
Court’s analysis
The court explained that the Prison Litigation Reform Act treats a person as a prisoner based on that person’s status when the complaint is filed. A prisoner proceeding without prepaying fees generally must pay the $350 filing fee in installments from a prison account and may be subject to restrictions such as the three-strikes rule. Release does not change the person’s prisoner status for those purposes, but after release the person’s obligation to pay fees is determined by whether the person qualifies for fee-waiver status like any other non-prisoner.
Because Izeh’s financial circumstances might have changed after his release, the court required updated financial information. The order also stated that a plaintiff must notify the court when the plaintiff’s mailing address changes.
Order
The court directed Izeh to do one of two things within 30 days of the order: pay $400 in fees, consisting of the $350 filing fee and a $50 administrative fee applicable to litigants who do not proceed without prepaying fees, or complete, sign, and submit an amended application to proceed without prepaying fees. The amended application had to identify docket number 20-CV-6869(CM). Izeh also had to provide his current mailing address. No summons would issue at that time.
Judge Colleen McMahon ordered that if Izeh failed to comply within the allowed time, the action would be dismissed for failure to comply with the order, without prejudice to refiling. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.