Kinlaw v. Bennett

Background

Arthur Kinlaw, who was incarcerated at Sullivan Correctional Facility and was proceeding without a lawyer, filed two requests for an order directing correction officers and officials of the New York State Department of Corrections and Community Supervision not to transfer him except to Walsh Medical Center and to address alleged unlawful conditions of confinement, including inadequate medical care.

Kinlaw did not file a complaint. He also did not pay the filing fees or submit an application to proceed without prepaying fees and a prisoner authorization. The court explained that a civil action begins with a complaint, not with a motion for immediate relief. A prisoner must either pay the required fees or submit the documents needed to request permission to proceed without prepaying them.

Procedural history and analysis

The court declined to give Kinlaw special procedural assistance because it found that he had extensive experience with court procedures. The court also determined that he was barred by the three-strikes provision of the Prison Litigation Reform Act from filing a new federal civil action without prepaying fees while incarcerated, unless he was under imminent danger of serious physical injury.

The court did not decide whether Kinlaw's allegations about his confinement or medical care were legally valid. Instead, it concluded that he had not met the procedural requirements for starting a civil action.

Ruling

The court denied Kinlaw's requests for preliminary injunctive relief. It directed the Clerk of Court to administratively close the matter without prejudice. The court stated that Kinlaw could commence a new civil action by filing a complaint and either paying the filing fees or seeking permission to proceed without prepaying them. The order closed the case, entered no judgment, and certified that an appeal would not be taken in good faith, denying permission to appeal without prepaying fees.