Latimer v. Royce
- Vincent Briccetti
- 7:21-cv-01275
- U.S. District Court · Southern District of New York
- 2
In Latimer v. Green Haven Correctional Facility, Judge McMahon ordered Corey A. Latimer, Sr. to pay fees or submit a corrected prisoner authorization.
Corey A. Latimer, Sr., who must either pay the required fees or submit a corrected federal prisoner authorization within 30 days to avoid dismissal of the action; the underlying defendants were not required to respond because no summons issued.
What happened
Corey A. Latimer, Sr. brought Latimer v. The State of New York Green Haven Correctional Facility while incarcerated and without a lawyer. He had asked to proceed without paying the filing fees upfront, but his prisoner authorization referred only to a New York state statute.
The court ordered Latimer to pay the required $402.00 or submit a corrected authorization within 30 days. The authorization must allow federal installment deductions from his prison account and must identify this case's docket number. The court also directed the Clerk to mail him the order, and no summons will issue yet.
Judge Colleen McMahon said the case would proceed through the Clerk's procedures if Latimer complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Latimer v. Royce · No. 7:21-cv-01275
- Vincent Briccetti
- Feb. 23, 2021
Background
Corey A. Latimer, Sr., who was incarcerated at Green Haven Correctional Facility, filed this action without a lawyer. The action was originally filed in the Eastern District of New York and was transferred to the Southern District of New York in a prior related proceeding.
A prisoner who wants to bring a civil action without paying the filing fees upfront must submit a signed application to proceed without prepaying fees and a prisoner authorization. If permission is granted, federal law requires the $350.00 filing fee to be collected in installments from the prisoner's account. The total fees for a civil action are $402.00, consisting of a $350.00 filing fee and a $52.00 administrative fee; the administrative fee does not apply to a person granted permission to proceed without prepaying fees.
Issue
Latimer submitted an application and a prisoner authorization, but the authorization permitted withdrawals only under New York Civil Practice Law and Rules § 1101(f)(2), rather than authorizing the federal fee deductions and account-statement procedures required by federal law.
Order
The court ordered Latimer, within 30 days of February 23, 2021, either to pay the $402.00 in fees or to complete and submit the attached prisoner authorization. If he submits the authorization, it must be labeled with docket number 21-CV-1275 (CM).
The Clerk was directed to mail Latimer a copy of the order and note service on the docket. No summons was to issue at that time. The court stated that, if Latimer complied, the case would be processed under the Clerk's procedures; if he failed to comply within the allowed period, the court would dismiss the action.
The court also 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 appeal without prepaying fees. The order did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.