Philippeaux v. United States
- Laura Swain
- 1:22-cv-09391
- U.S. District Court · Southern District of New York
- 2
In Philippeaux v. United States, Judge Swain ordered payment of fees or submission of documents to seek fee-free filing.
Philander Philippeaux, an incarcerated plaintiff representing himself, must either pay the required fees or submit the documents needed to request payment-free filing.
What happened
In Philippeaux v. United States, Philander Philippeaux filed a civil action without paying the required fees or submitting the documents needed to request payment-free filing.
The court gave Philippeaux 30 days to either pay $402 or submit a signed application to proceed without paying fees upfront and a prisoner authorization. The authorization would allow installment deductions from his account if the application is granted.
Judge Laura Taylor Swain said no answer was required yet and directed that the case proceed through the Clerk’s Office if Philippeaux complies. She stated that the action will be dismissed if he does not comply and denied payment-free status for any appeal from the order.
The detailed version
- Philippeaux v. United States · No. 1:22-cv-09391
- Laura Swain
- Nov. 3, 2022
Background
Philander Philippeaux, who was incarcerated at FCI Coleman and represented himself, filed a civil action without paying the required filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.
Fee and filing requirements
The court explained that a prisoner must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants the application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to deduct those payments and provide certified account statements for the prior six months.
Order
Within 30 days, Philippeaux must either pay the $402 or submit the application and prisoner authorization, labeled with docket number 22-CV-9391. No answer is required at this stage. If he complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the permitted time, the action will be dismissed. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied payment-free status for purposes of an appeal. The order did not decide the merits of Philippeaux’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.