Labombard v. Harrell

Background

Schoen M. Labombard, who was incarcerated at Greene Correctional Facility, brought this action without a lawyer. He submitted a complaint, an application to proceed without paying the filing fee, and a prison authorization. The authorization allowed money deducted from his prison account to be sent only to the United States District Court for the Northern District of New York.

In an earlier order dated March 18, 2022, the court directed Labombard either to pay the $402 required filing fee or to submit a completed prisoner authorization within 30 days. On March 30, 2022, the court received another application to proceed without paying the fee, but it did not receive the requested authorization.

Order

Because Labombard was proceeding without a lawyer, the court gave him another opportunity to submit a valid prisoner authorization. The court directed him, within 30 days of the order, either to pay the $402 filing fee or to submit the attached authorization. If he complies, the case will be processed under the procedures of the Clerk's Office. If he does not comply within the allowed time, the action will be dismissed.

The court also 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 paying fees for purposes of an appeal. The order addressed filing requirements and did not decide the underlying claims against the defendants.