Curry v. State Of New York
- Laura Swain
- 1:22-cv-05262
- U.S. District Court · Southern District of New York
- 2
In Curry v. State Of New York, Judge Swain ordered John Curry to submit a corrected prisoner authorization or pay fees within 30 days.
John Curry and the processing of his federal civil action; the order requires him to pay the fees or submit a corrected prisoner authorization within 30 days.
What happened
In Curry v. State Of New York, John Curry, who is incarcerated and representing himself, submitted an application to proceed without paying fees upfront and a prisoner authorization. The authorization, however, directed deductions from his prison account to the federal court in the Eastern District of New York rather than this court.
The court ordered Curry, within 30 days, either to pay the $402 in fees or complete and sign the attached authorization for this case, using docket number 1:22-CV-5262. No summons will issue yet. If he complies, the case will be processed; if he does not, the court will dismiss the action.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order was dated July 5, 2022.
The detailed version
- Curry v. State Of New York · No. 1:22-cv-05262
- Laura Swain
- July 5, 2022
Background
John Curry, who is incarcerated at Marcy Correctional Facility, brought this action without a lawyer against the State of New York and other defendants. The opinion does not describe the underlying claims.
A prisoner who wants to proceed without prepaying court fees must submit an application to proceed in forma pauperis, meaning 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 trust account and requires certified copies of account statements for the prior six months. The total fees for a federal civil action are $402, consisting of a $350 filing fee and a $52 administrative fee. The administrative fee does not apply when a prisoner is granted permission to proceed without prepayment.
Court’s Action
Curry submitted the required application and an authorization, but his authorization directed deductions from his prison trust account to the United States District Court for the Eastern District of New York. The court ordered him, within 30 days of July 5, 2022, either to pay the $402 in fees or complete, sign, and submit the attached authorization directing payment for this case. The authorization must identify docket number 1:22-CV-5262 (LTS).
No summons shall issue at this time. If Curry complies with the order, the action will be processed under the Clerk’s Office procedures. If he fails to comply within the allowed period, the court will dismiss the action. The opinion does not state that the action was dismissed at the time of this order.
Appeal and Other Warnings
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also warned that certain dismissals of prisoner actions count as “strikes” under § 1915(g), which can limit a prisoner’s ability to proceed without prepaying fees after three such strikes, subject to the statutory exception for imminent danger of serious physical injury.
Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.