Megginson v. The City of New York
- John Koeltl
- 1:22-cv-00051
- U.S. District Court · Southern District of New York
- 2
In Megginson v. Rikers Island Security of AMKC, Judge Swain ordered a prisoner to pay fees or submit authorization before the case proceeds.
Michael E. Megginson, an incarcerated person representing himself, was required to pay the filing fees or submit a prisoner authorization before the action could proceed. The case would be dismissed if he failed to comply within 30 days.
What happened
In Megginson v. Rikers Island Security of AMKC, Michael E. Megginson, who is incarcerated and representing himself, filed a civil action without submitting the required prisoner authorization.
The court gave Megginson 30 days to either pay $402 in filing and administrative fees or submit a signed authorization allowing installment deductions from his account. The order also said that no summons would issue yet and that the action would be dismissed if he did not comply.
Judge Laura Taylor Swain issued the order on January 5, 2022. She also determined that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Megginson v. The City of New York · No. 1:22-cv-00051
- John Koeltl
- Jan. 5, 2022
Background
Michael E. Megginson, who was incarcerated at the Anna M. Kross Center on Rikers Island, brought this civil action without a lawyer. To proceed in federal court, a prisoner must either pay the required fees or request permission to proceed without prepaying them. A prisoner requesting that permission must submit a signed application and a prisoner authorization.
Court’s Analysis
The court explained that the total fees were $402: a $350 filing fee and a $52 administrative fee. If the court grants permission to proceed without prepaying fees, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the facility to provide certified copies of the prisoner’s account statements for the previous six months.
Megginson had not submitted the required prisoner authorization. The order therefore directed him, within 30 days, to either pay the $402 in fees or complete and submit the attached authorization labeled with docket number 22-CV-51 (LTS).
Ruling
Judge Laura Taylor Swain ordered that no summons issue at that time. The case would be processed under the Clerk’s Office procedures if Megginson complied. If he did not comply within the allowed time, the action would be dismissed. The court also certified that any 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.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.