Wright v. Doe
- Andrew Carter
- 1:22-cv-00131
- U.S. District Court · Southern District of New York
- 2
In Jamek Wright v. John Doe, Judge Swain ordered Wright to pay fees or submit authorization to proceed without prepayment.
Jamek Wright, a detained prisoner proceeding without a lawyer, must either pay the required fees or submit the prisoner authorization within 30 days to avoid dismissal of the action.
What happened
Jamek Wright sued several New York City Department of Correction officials while detained at the North Infirmary Command on Rikers Island. He filed the case without a lawyer and submitted an application to proceed without prepaying court fees, but he did not submit the required prisoner authorization.
The court gave Wright 30 days to either pay $402 in fees or complete and submit the prisoner authorization. The authorization would allow filing-fee payments to be deducted from his account in installments. The court also directed that no summons issue yet and warned that the action would be dismissed if Wright did not comply.
Judge Laura Taylor Swain ordered the Clerk of Court to mail Wright the order and denied permission to proceed without prepaying fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Wright v. Doe · No. 1:22-cv-00131
- Andrew Carter
- Jan. 7, 2022
Background
Jamek Wright brought this civil action against John Doe, Warden of NYC–DOC; Jane Doe, OSIU of NYC–DOC; John Doe, OSIU of NYC–DOC; and Tiffany Morales, Deputy Warden of Security. The opinion states that Wright was detained at the North Infirmary Command on Rikers Island and was proceeding without a lawyer.
Wright submitted an application to proceed in forma pauperis, meaning without prepaying court fees. He did not submit the separate prisoner authorization required for a prisoner seeking that status. That authorization directs the facility to deduct the $350 filing fee from the prisoner's account in installments and to provide the court with certified account statements for the preceding six months.
Order
The court explained that a prisoner must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit the required documents to request permission to proceed without prepayment. The administrative fee does not apply to people granted permission to proceed without prepayment under the cited statute.
The court ordered Wright, within 30 days of the order, to do one of two things:
1. Pay the $402 in fees; or 2. Complete and submit the attached prisoner authorization, labeled with docket number 22-CV-00131 (LTS).
The court directed that no summons issue at that time. It stated that, if Wright complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the allotted time, the action would be dismissed.
Additional Rulings
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 purposes of an appeal. The court also cautioned that a later dismissal of a prisoner's federal civil action as frivolous, malicious, or failing to state a claim can count as a “strike” under 28 U.S.C. § 1915(g), subject to the statutory exception for imminent danger of serious physical injury.
Judge Laura Taylor Swain directed the Clerk of Court to mail Wright a copy of the order and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.