Calvin Reed v. P.O. Andre Logan
- John Cronan
- 1:22-cv-10446
- U.S. District Court · Southern District of New York
- 2
Reed v. Logan: Judge Swain ordered Calvin Reed to pay filing fees or submit paperwork to proceed without prepaying them.
Calvin Reed, who filed the action without a lawyer and was incarcerated when the order was entered; the case’s future processing also depended on his compliance with the payment or paperwork requirement.
What happened
In Calvin Reed v. P.O. Andre Logan, et al., Calvin Reed brought this civil case without a lawyer and had not paid the required fees or submitted completed paperwork to proceed without prepaying them.
The court gave Reed 30 days to pay $402 or submit a signed application and authorization allowing filing-fee payments to be deducted from his account in installments. The order also stated that no answer was required at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Reed complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Calvin Reed v. P.O. Andre Logan · No. 1:22-cv-10446
- John Cronan
- Dec. 12, 2022
Background
Calvin Reed, who was incarcerated at Fishkill Correctional Facility, filed this action without a lawyer. The opinion states that the new action had been separated from an earlier action. Reed had not paid the filing fees or submitted a completed application to proceed without prepaying fees, along with the authorization required from a prisoner.
The Court’s Order
The court ordered Reed, within 30 days of the order, either to pay $402 in fees or to submit a signed application to proceed without prepaying fees and a prisoner authorization labeled with docket number 22-CV-10446. The $402 consists of a $350 filing fee and a $52 administrative fee. If the court grants the application, the $350 filing fee must be collected from Reed’s account in installments under the Prison Litigation Reform Act. The authorization also directs the facility to make those deductions and provide certified copies of Reed’s account statements for the previous six months.
No answer was required at that time. Judge Laura Taylor Swain ordered that the case would be processed under the Clerk’s Office procedures if Reed complied. If he did not comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion cautioned that certain dismissals of prisoner actions can count as strikes under federal law.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.