Farrow v. Cordez
- Kenneth Karas
- 7:22-cv-05952
- U.S. District Court · Southern District of New York
- 2
Farrow v. Cordez: Judge Swain ordered Justin Farrow to pay fees or submit prisoner authorization within 30 days to continue.
Justin Farrow must either pay the $402 in fees or submit the required prisoner authorization within 30 days; otherwise, the action will be dismissed. The defendants are not required to respond at this stage because no summons has issued.
What happened
In Farrow v. Cordez, Justin Farrow, who is incarcerated and representing himself, submitted an application to proceed without prepaying court fees but did not submit the required prisoner authorization.
The court ordered Farrow, within 30 days, either to pay $402 in fees or complete and submit the authorization. The authorization would permit installment deductions of the $350 filing fee from his account and provide the court with six months of account statements.
Chief Judge Laura Taylor Swain ordered that no summons issue yet and stated that the action will be dismissed if Farrow does not comply. She also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Farrow v. Cordez · No. 7:22-cv-05952
- Kenneth Karas
- July 13, 2022
Background
Justin Farrow, who is incarcerated at Great Meadow Correctional Facility, brought this action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called an IFP application, but did not submit the required prisoner authorization.
Order
The court explained that a prisoner must either pay $402 to begin a civil action—$350 for the filing fee and $52 for the administrative fee—or request permission to proceed without prepayment by submitting the required documents. If IFP status is granted, the $350 filing fee must be collected in installments from the prisoner’s account under the Prison Litigation Reform Act. The prisoner authorization directs the correctional facility to make those deductions and send the court certified account statements covering the previous six months.
The court ordered Farrow to do one of two things within 30 days of the order: pay the $402 in fees or complete and submit the attached prisoner authorization, labeled with docket number 22-CV-5952 (LTS). No summons was to issue at that time. The order states that the action will be dismissed if Farrow does not comply. It also warns that a later dismissal as frivolous or for failure to state a claim could count as a strike under the prisoner filing-fee statute.
Ruling
Chief Judge Laura Taylor Swain directed Farrow to provide the missing authorization or pay the fees and denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith. This is a procedural order addressing filing requirements; it does 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.