Williams v. Muran
- Laura Swain
- 1:22-cv-03008
- U.S. District Court · Southern District of New York
- 3
In Williams v. Muran, Judge Swain ordered Williams to pay fees or submit required forms and an original complaint signature within 30 days.
Tearre M. Williams, the unrepresented plaintiff, must satisfy the court’s fee, prisoner-authorization, and signature requirements within 30 days to avoid dismissal of the action.
What happened
In Williams v. Muran, Tearre M. Williams brought a lawsuit without a lawyer while detained on Rikers Island. Williams submitted a request to proceed without paying the filing fees upfront, but did not submit the required prisoner authorization, and the complaint was unsigned.
The court gave Williams 30 days to either pay $402 in fees or submit the prisoner authorization, which allows filing-fee installments to be taken from the prisoner account. The court also required Williams to resubmit the complaint’s signature page with an original signature. No summons would issue at that time.
Judge Laura Taylor Swain stated that the case would be processed if Williams complied, but that the action would be dismissed if Williams did not comply within the deadline. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Williams v. Muran · No. 1:22-cv-03008
- Laura Swain
- Apr. 13, 2022
Background
Tearre M. Williams brought this action without a lawyer while detained on Rikers Island. Williams submitted an application to proceed without paying the filing fees upfront, but did not submit the required prisoner authorization. Williams also submitted a complaint without a signature.
Filing-fee requirement
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 a signed application to proceed without prepayment of fees and a prisoner authorization. The authorization allows the court to collect the $350 filing fee in installments from the prisoner’s account and requires certified account statements for the previous six months. The court noted that the $52 administrative fee does not apply to a person granted permission to proceed without prepayment of fees.
Signature requirement
Federal Rule of Civil Procedure 11(a) and the local rule require an unrepresented party to personally sign a pleading. The court directed Williams to resubmit the complaint’s signature page with an original signature.
Order and disposition
Within 30 days of the order, Williams must either pay the $402 in fees or complete and submit the attached prisoner authorization. Williams must also submit the complaint’s signature page with an original signature within the same 30-day period. The authorization must identify docket number 22-CV-3008 (LTS). No summons will issue at this time. If Williams complies, the Clerk’s Office will process the case; if Williams does not comply within the allowed time, the action will be dismissed.
The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order did not address the merits of Williams’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.