Hatcher v. New York City D.O.C.
- Laura Swain
- 1:22-cv-06748
- U.S. District Court · Southern District of New York
- 3
In Hatcher v. New York City D.O.C., Judge Swain ordered Leroy Hatcher to pay fees or complete a prisoner authorization before the case proceeds.
Leroy Hatcher and the processing of his civil action; the order required Hatcher to pay the fees or submit a complete prisoner authorization before the case could proceed.
What happened
In Hatcher v. New York City D.O.C., Leroy Hatcher, who is incarcerated and representing himself, submitted an application to proceed without prepaying court fees and a prisoner authorization. The authorization was incomplete.
The court gave Hatcher 30 days to either pay $402 in fees or complete and submit the authorization labeled with docket number 22-CV-6748 (LTS). The authorization would allow installment payments of the $350 filing fee from his prison account. No summons would issue at that time, and the court warned that failing to comply would result in dismissal of the action.
Chief United States District Judge Laura Taylor Swain issued the order on August 15, 2022. The order did not decide the underlying claims, and it stated that any appeal would not be taken in good faith, so Hatcher could not proceed without prepaying appeal fees.
The detailed version
- Hatcher v. New York City D.O.C. · No. 1:22-cv-06748
- Laura Swain
- Aug. 15, 2022
Background
Leroy Hatcher, who is incarcerated at Anna M. Kross Correctional Facility and is proceeding without a lawyer, filed this civil action. He submitted an application to proceed in forma pauperis, meaning without prepaying the court’s filing fees, and a prisoner authorization. The court found that the prisoner authorization was incomplete.
Order
The court directed Hatcher, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or complete and submit the attached prisoner authorization. The authorization must be labeled with docket number 22-CV-6748 (LTS). If the court grants permission to proceed without prepayment, the $350 filing fee must still be collected in installments from Hatcher’s prison account under the Prison Litigation Reform Act.
No summons would issue at that time. If Hatcher complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed. The court also cautioned that a later dismissal for being frivolous, malicious, or failing to state a claim could count as a qualifying dismissal, or “strike,” under the prisoner-filing statute.
Ruling
Chief United States District Judge Laura Taylor Swain issued an order directing Hatcher to pay the fees or submit a complete prisoner authorization. The order did not address the merits of Hatcher’s claims. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.