Kielly v. Donovan

Background

Sara Kielly filed this civil action without paying the filing fees or submitting a completed application to proceed without prepaying fees and costs, along with the required prisoner authorization. The opinion states that Kielly was incarcerated at Bedford Hills Correctional Facility and was proceeding without a lawyer.

Court’s Order

The court explained that a prisoner starting a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit the required application and authorization. If the court allows a prisoner to proceed without prepaying fees, the $350 filing fee must still be paid in installments deducted from the prisoner’s account. The authorization also directs the correctional facility to provide certified copies of the prisoner’s account statements for the preceding six months.

The court ordered Kielly, within 30 days, to either pay the $402 or submit the application and prisoner authorization labeled with the case’s docket number. The order stated that no answer was required from the defendant at that time. It further stated that, if Kielly complied, the case would be processed under the Clerk’s Office procedures, and that if she failed to comply within the allowed time, the action would be dismissed.

Appeal and Disposition

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and did not reach the merits of Kielly’s claims.