Lurch, Jr. v. Doe
- Vernon Broderick
- 1:22-cv-02324
- U.S. District Court · Southern District of New York
- 2
In Lurch, Jr. v. Doe, Judge Swain ordered the incarcerated plaintiff to pay fees or submit authorization within 30 days before the case could proceed.
Robert Derek Lurch, Jr., an incarcerated plaintiff representing himself, was required to pay the fees or submit a prisoner authorization before the action could proceed.
What happened
In Lurch, Jr. v. Doe, Robert Derek Lurch, Jr., who is incarcerated and representing himself, submitted a request to proceed without prepaying court fees but did not submit the required prisoner authorization.
The court ordered Lurch to pay $402 in fees or submit the authorization within 30 days. The authorization would allow installment payments of the $350 filing fee from his account. The court said no summons would issue yet and warned that failing to comply would result in dismissal of the action.
Judge Laura Taylor Swain issued the order. She also denied permission to proceed without prepaying fees for any appeal from the order, finding that such an appeal would not be taken in good faith.
The detailed version
- Lurch, Jr. v. Doe · No. 1:22-cv-02324
- Vernon Broderick
- Mar. 28, 2022
Background
Robert Derek Lurch, Jr., who was incarcerated at the Atlantic County Justice Facility, brought this action without a lawyer. He submitted an application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis, but he did not submit the required prisoner authorization.
Court’s Order
The court explained that a prisoner bringing a civil action 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 prepaying fees. If that permission is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and provide certified copies of the prisoner’s account statements for the previous six months.
Within 30 days of the order, Lurch was required either to pay the $402 in fees or complete and submit the prisoner authorization labeled with docket number 22-CV-2324 (LTS). The court directed that no summons issue at that time. It stated that, if Lurch complied, the case would be processed under the Clerk’s Office’s procedures; if he did not comply within the deadline, the action would be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed filing requirements and did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.