Jones v. Logan
- Laura Swain
- 1:21-cv-02927
- U.S. District Court · Southern District of New York
- 2
In Jones v. Logan, Judge Swain ordered Rafael Arden Jones to pay fees or submit authorization before the case proceeds.
Rafael Arden Jones and the further processing of his action against Tracey Logan and the other defendants.
What happened
Rafael Arden Jones, who is incarcerated and representing himself, sued Tracey Logan and other defendants in Jones v. Logan. He asked to proceed without paying the filing fees upfront but did not submit the required prisoner authorization.
The court gave Jones 30 days to either pay the fees or submit the authorization. The authorization would allow installment deductions from his prisoner account and require certified account statements. The order also said no summons would issue yet.
Chief Judge Laura Taylor Swain ordered that the case would be processed if Jones complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Jones v. Logan · No. 1:21-cv-02927
- Laura Swain
- May 21, 2021
Background
Rafael Arden Jones, also identified as Rafael Arden Jones Sr., brought this civil action while incarcerated at the George R. Vierno Center on Rikers Island. He was proceeding without a lawyer. The court had previously directed him to submit a prisoner authorization, but he had not done so.
Payment and authorization requirements
The court explained that a prisoner filing a civil action must either pay the required fees or ask to proceed without prepaying them. A prisoner seeking that status must submit a signed application and a prisoner authorization. If the request is granted, the authorization permits installment payments to be deducted from the prisoner's account and requires certified copies of account statements for the preceding six months.
The opinion first describes the fees as $400.00, consisting of a $350.00 filing fee and a $52.00 administrative fee, but later directs Jones to pay $402.00. The opinion explains that the $52.00 administrative fee does not apply to a person granted permission to proceed without prepaying fees.
Order
The court gave Jones 30 days from the date of the order to either pay the fees or complete and submit the attached prisoner authorization, labeled with docket number 21-CV-2927 (LTS). The Clerk of Court was directed to mail the order to Jones and record service on the docket. No summons was to issue at that time.
If Jones complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the allowed time, the action would be dismissed. Chief United States District Judge Laura Taylor Swain 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 itself did not dismiss the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.