Blackwood v. Westchester County Jail

Background

Phillip Blackwood, who the opinion says was incarcerated at Westchester County jail and was representing himself, filed a civil action against Westchester County Jail. He submitted the complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Fees and required documents

The court explained that a prisoner filing a civil action must either pay $402 in fees—$350 for the filing fee and $52 for the administrative fee—or request permission to proceed without prepaying fees. To make that request, the prisoner must submit a signed application and an authorization directing the correctional facility to deduct the $350 filing fee from the prison account in installments and provide certified account statements for the prior six months. The $52 administrative fee does not apply to a prisoner granted permission to proceed without prepaying fees.

Order

Within 30 days of the order, Blackwood was required to either pay the $402 or submit the application and prisoner authorization, labeled with docket number 23-CV-1297 (LTS). The court stated that no answer was required at that time and that, if Blackwood complied, the case would be processed under the Clerk’s Office procedures. If he failed to 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 proceed without prepaying fees for purposes of an appeal. The opinion also cautioned that certain dismissals of prisoner cases can count as strikes under the Prison Litigation Reform Act.