Robinson v. The State of New York
- Laura Swain
- 1:21-cv-04176
- U.S. District Court · Southern District of New York
- 2
In Robinson v. State of New York, Judge Swain ordered Maurice Robinson to pay fees or submit forms to proceed, without deciding his claims.
Maurice Robinson must either pay the required fees or submit the specified application and prisoner authorization within 30 days; otherwise, the action will be dismissed.
What happened
Robinson v. The State of New York concerns Maurice Robinson’s civil action against the State of New York and the Department of Correction. Robinson, who is incarcerated and representing himself, submitted his complaint without paying the required fees or completing the forms needed to request permission to proceed without paying fees upfront.
The court gave Robinson 30 days to either pay $402 in fees or submit a signed application and prisoner authorization. The authorization would allow installment payments to be taken from his account if permission to proceed without prepayment is granted.
Judge Laura Taylor Swain ordered the Clerk to mail Robinson the order and stated that no summons would issue at that time. The case would be processed if Robinson complied, but the action would be dismissed if he did not. The court also denied permission to appeal without prepaying fees.
The detailed version
- Robinson v. The State of New York · No. 1:21-cv-04176
- Laura Swain
- May 12, 2021
Background
Maurice Robinson filed this civil action against the State of New York and the Department of Correction. The opinion states that Robinson is incarcerated at the Vernon C. Bain Center and is proceeding without a lawyer. He originally filed the complaint with other detainees, but the court separated the plaintiffs’ claims and opened separate actions.
Filing-fee requirement
The court explained that a prisoner filing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying the fees. To make that request, a prisoner must submit a signed application and a prisoner authorization. If permission is granted, the $350 filing fee must be collected in installments from the prisoner’s account, and the authorization permits the facility to make those deductions and provide account statements.
Robinson submitted the complaint without the fees, a completed application, or a prisoner authorization.
Order
The court ordered Robinson, within 30 days of the order, to either pay the $402 in fees or submit the application and prisoner authorization. The documents were to identify docket number 21-CV-4176 (LTS). The Clerk was directed to mail Robinson a copy of the order and record service on the docket. No summons was to issue at that time.
The order stated that the case would be processed under the Clerk’s Office procedures if Robinson complied. It also stated that the action would be dismissed if he failed to comply within the permitted time. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion did not decide the merits of Robinson’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.