Robinson v. The Division of Parole

Background

Eddie Robinson filed this action while detained at Rikers Island and was therefore treated as a prisoner under the Prison Litigation Reform Act. The opinion states that, when a prisoner proceeds without prepaying fees, the filing fee generally must be paid in installments from the prison trust account, and a prisoner can be barred from that status under the statute's three-strikes rule. The opinion also notes that a person who was a prisoner when the complaint was filed must exhaust available prison administrative remedies.

The court later received Robinson's letter stating that he was no longer incarcerated and providing a new address. The court explained that, after release, a person's obligation to pay fees is determined by whether he qualifies to proceed without prepaying fees, like any other non-prisoner. Because Robinson's financial situation might have changed, the court required updated information.

Order

The court ordered Robinson, within 30 days, to do one of two things: pay $400 in fees, consisting of a $350 filing fee and a $50 administrative fee, or complete and submit the attached amended application to proceed without prepaying fees. The court stated that the later increase in federal filing fees did not apply because Robinson filed this action before December 1, 2020.

The Clerk was directed to mail the order to Robinson and note service on the docket. The application, if submitted, had to identify docket number 20-CV-5470 (CM). No summons was to issue at that time. If Robinson failed to comply within the allowed period, the court stated that it would dismiss the action without prejudice to refiling. The court also certified that an appeal would not be taken in good faith and denied the ability to proceed without prepaying fees for purposes of an appeal. The order addressed filing-fee requirements and did not decide the underlying claims.