Jones v. NYC-STATE and DOC

Background

Tarnell Leon Jones filed a civil action while incarcerated and representing himself. He submitted a complaint and a prisoner authorization, but he did not submit a completed application to proceed without prepaying fees.

Fee requirement

The court explained that a prisoner proceeding with a civil action must either pay $402 in fees—$350 for the filing fee and $52 for the administrative fee—or submit a signed application to proceed without prepaying fees. If the court grants that application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The prisoner authorization permits those deductions and requires certified copies of account statements for the previous six months.

Ruling

The court ordered Jones, within 30 days of the order, either to pay the $402 in fees or submit the attached completed application to proceed without prepaying fees, labeled with docket number 22-CV-4675. No summons would issue at that time. The court stated that, if Jones complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.