Brooks v. Taborn
- Laura Swain
- 1:21-cv-04472
- U.S. District Court · Southern District of New York
- 2
In Brooks v. Taborn, Judge Swain ordered Brooks to pay filing fees or submit an application to proceed without prepaying fees within 30 days.
Emanuel Manny Brooks, Jr., a detained prisoner proceeding without a lawyer, was required to pay the fees or submit the specified documents within 30 days; the case would be dismissed if he did not comply.
What happened
Brooks v. Taborn concerns a civil action filed by Emanuel Manny Brooks, Jr., who was detained at the Westchester County Jail and represented himself. He submitted his complaint without paying the required fees and without completing the documents needed to request permission to proceed without paying fees upfront.
The court ordered Brooks, within 30 days, to either pay $402 in fees or submit a signed application to proceed without prepaying fees and a prisoner authorization. The authorization would allow installment payments from his account. The court directed that no summons issue yet and stated that the action would be dismissed if Brooks did not comply.
Judge Laura Taylor Swain issued the order on May 20, 2021. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Brooks v. Taborn · No. 1:21-cv-04472
- Laura Swain
- May 20, 2021
Background
Emanuel Manny Brooks, Jr. filed a civil action against Ms. Zhane Taborn, identified in the caption as the general manager of a Chipotle restaurant. Brooks was detained at the Westchester County Jail and was proceeding without a lawyer. He submitted his complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.
Payment and filing requirements
The court explained that a prisoner filing a civil action must either pay $402, consisting of a $350 filing fee and a $52 administrative fee, or request permission to proceed without prepaying fees. If that request is granted, the $350 filing fee is collected in installments from the prisoner's account. The prisoner authorization directs the detention facility to make those deductions and provide certified account statements for the preceding six months. The $52 administrative fee does not apply to a person granted permission to proceed without prepaying fees.
Order
Within 30 days of the order, Brooks was required to either pay the $402 in fees or submit the attached application and prisoner authorization, labeled with docket number 21-CV-4472 (LTS). The Clerk of Court was directed to mail him 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 Brooks complied and would be dismissed if he did not comply within the allowed period.
Appeal and caution
The court 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 proceed without prepaying fees for an appeal. The court also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a strike under 28 U.S.C. § 1915(g), and that three strikes can limit a prisoner's ability to file future federal civil actions without prepaying fees, subject to the statutory exception for imminent danger of serious physical injury.
Disposition
Judge Laura Taylor Swain issued an order directing payment of fees or submission of the required application and authorization. The opinion did not decide the underlying claims against Ms. Taborn.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.