Moultrie v. New York City Department of Corrections, A.M.K.C.
- Laura Swain
- 1:21-cv-03935
- U.S. District Court · Southern District of New York
- 2
In Moultrie v. New York City Department of Corrections, Judge Swain ordered payment or an amended fee-waiver application within 30 days.
Mukadien Moultrie, the self-represented plaintiff, must either pay the court fees or submit an amended fee-waiver application within 30 days; the case may be dismissed if he does not comply.
What happened
Mukadien Moultrie sued the New York City Department of Corrections, A.M.K.C., and filed an application to proceed without paying court fees. Moultrie was representing himself.
The court found that Moultrie had left nearly all of the application unanswered, so it could not determine whether he could pay. The court ordered him, within 30 days, to pay the fees or submit a completed application with facts showing he could not pay. No summons would issue at that time.
Judge Laura Taylor Swain said the case would be processed if Moultrie complied and would be dismissed if he did not. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Moultrie v. New York City Department of Corrections, A.M.K.C. · No. 1:21-cv-03935
- Laura Swain
- May 4, 2021
Background
Mukadien Moultrie brought this civil action without a lawyer. To proceed without prepaying filing fees, a plaintiff must submit a signed application to proceed without prepayment of fees, commonly called an IFP application, under 28 U.S.C. § 1915. Moultrie submitted an IFP application but left nearly all of its questions unanswered.
Court’s Order
Because the application provided almost no information, the court said it could not determine whether Moultrie was able to pay the filing fees. The court ordered Moultrie, within 30 days of the order, to do one of two things: pay the required fees or submit an amended IFP application. The amended application had to identify docket number 21-CV-3935 (LTS), answer the questions, and provide facts establishing that Moultrie could not pay the fees.
The order first describes the fees as $400, consisting of a $350 filing fee and a $52 administrative fee, but later directs Moultrie to pay $402. If the court grants the amended IFP application, Moultrie may proceed without prepaying the fees.
Disposition
Judge Laura Taylor Swain directed the Clerk of Court to mail the order to Moultrie and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Moultrie complied, but that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.