Homer v. Doe
- Laura Swain
- 1:22-cv-02033
- U.S. District Court · Southern District of New York
- 2
In Homer v. Doe, Judge Swain ordered Michael Homer to pay filing fees or submit a corrected prisoner authorization within 30 days.
Michael Homer, the incarcerated plaintiff proceeding without a lawyer, was required to pay the fees or submit a corrected prisoner authorization before the case could proceed.
What happened
Homer v. Doe was brought by Michael Homer, who was incarcerated and representing himself. He submitted an application to proceed without paying filing fees upfront and a prisoner authorization.
The authorization directed prison-account payments to the federal court in the Northern District of New York instead of this court. The order required Homer, within 30 days, either to pay $402 in fees or submit a corrected authorization for this case.
Judge Laura Taylor Swain ordered that no summons issue yet. The case would be processed if Homer complied, but the action would be dismissed if he did not. The court also denied permission to appeal without prepaying fees.
The detailed version
- Homer v. Doe · No. 1:22-cv-02033
- Laura Swain
- Mar. 18, 2022
Background Michael Homer, who was incarcerated at Bare Hill Correctional Facility, brought this civil action without a lawyer. To proceed without paying court fees upfront, a prisoner must submit an application to proceed without prepayment of fees, commonly called an IFP application, and a prisoner authorization. The authorization permits deductions from the prisoner's account toward the filing fee and directs the facility to provide certified account statements for the previous six months.
Issue Homer submitted an IFP application and a prisoner authorization, but the authorization directed deductions to the United States District Court for the Northern District of New York rather than to this court.
Order The court ordered Homer, within 30 days of March 18, 2022, either to pay the total $402 in fees or complete and submit the attached prisoner authorization labeled with docket number 22-CV-2033 (LTS). No summons would issue at that time. If Homer complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the allowed period, the action would be dismissed.
The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide the underlying claims in the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.