Dubose v. Jiminez
- Vincent Briccetti
- 7:22-cv-02124
- U.S. District Court · Southern District of New York
- 2
In Dubose v. Jiminez, Judge Swain required Tyrek Dubose to pay filing fees or submit forms requesting permission to proceed without prepayment.
Tyrek Dubose, the incarcerated plaintiff proceeding without a lawyer; the action could not proceed unless he paid the fees or submitted the required forms.
What happened
In Dubose v. Jiminez, Tyrek Dubose filed a civil action without paying the required fees or submitting the forms needed to request permission to proceed without paying upfront. The order identifies Dubose as incarcerated and representing himself.
The court gave Dubose 30 days to either pay $402 or submit a signed application to proceed without prepayment and a prisoner authorization. The authorization would permit installment deductions from his account and require recent account statements. No summons would issue at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Dubose 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
- Dubose v. Jiminez · No. 7:22-cv-02124
- Vincent Briccetti
- Mar. 16, 2022
Background
Tyrek Dubose filed a civil action without paying the filing fees and without submitting a completed application to proceed in forma pauperis (without prepaying court fees) or a prisoner authorization. The opinion states that Dubose was incarcerated at Fishkill Correctional Facility and was proceeding without a lawyer.
Order
The court explained that a prisoner starting a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit the required application and authorization forms. If the court grants the application, the $350 filing fee is collected in installments from the prisoner’s account. The prisoner authorization also directs the correctional facility to send the court certified account statements for the preceding six months. The $52 administrative fee does not apply to a person granted permission to proceed without prepayment.
The court ordered Dubose, within 30 days of March 16, 2022, to either pay the $402 or submit the completed forms labeled with docket number 22-CV-2124 (LTS). No summons would issue at that time. The order stated that the case would be processed under the Clerk’s Office procedures if Dubose complied and would be dismissed if he failed to comply within the permitted time.
Appeal and Other Instructions
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also cautioned that a later dismissal of a prisoner’s action as frivolous or for failure to state a claim could count as a strike under 28 U.S.C. § 1915(g). The Clerk of Court was directed to mail Dubose a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.