Pariah v. Scott
- Laura Swain
- 1:23-cv-00231
- U.S. District Court · Southern District of New York
- 5
In Pariah v. Scott, Judge Swain ordered payment or fee-waiver papers within 30 days, warning that noncompliance would lead to dismissal.
Jinja Kyng Pariah’s case was affected because she was required to pay the filing fees or submit the required application and prisoner authorization before the action could proceed. The defendants were not required to answer at that time.
What happened
In Pariah v. Scott, Jinja Kyng Pariah filed a civil case while incarcerated and without a lawyer. She did not submit the required filing fees or completed forms to request permission to proceed without paying fees upfront.
The court ordered Pariah, within 30 days, either to pay $402 or submit a signed fee-waiver application and prisoner authorization. The authorization allows installment payments from her account. The court said no answer was required yet and warned that failure to comply would result in dismissal.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This order did not decide the underlying claims.
The detailed version
- Pariah v. Scott · No. 1:23-cv-00231
- Laura Swain
- Jan. 13, 2023
Background
Jinja Kyng Pariah, who was incarcerated at Rose M. Singer Center, filed this civil action without a lawyer. She submitted the complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.
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 the required application and authorization. If the court grants permission to proceed without prepaying fees, the $350 filing fee still must be collected in installments from the prisoner’s account. The prisoner authorization also directs the facility to provide certified account statements for the previous six months and to make the required deductions.
Order
The court ordered Pariah to comply within 30 days of January 13, 2023. She had to either pay the $402 or submit the attached application and prisoner authorization labeled with docket number 23-CV-0231. The court stated that no answer was required at that time and that the case would be processed under the Clerk’s Office procedures if she complied. If she did not comply within the allowed time, the action would be dismissed.
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing and payment requirements; it did not decide the underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.