Thompson v. Quilty

Background

Kwaine Thompson filed a pro se prisoner civil-rights complaint concerning his arrest and current detention. The court had previously separated Thompson’s claims arising from his March 1, 2019, arrest from claims concerning his detention at the George R. Vierno Center on Rikers Island. The arrest-related claims were opened as this separate action under docket number 23-CV-3170 (LTS).

Filing-fee requirement

The court explained that a prisoner starting a civil action must either pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or request permission to proceed without prepaying fees. To make that request, Thompson had to submit a signed application and a prisoner authorization. If permission is granted, the $350 filing fee must still be collected in installments from his prison account. The $52 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Although Thompson had received that permission in the earlier related action, the court held that the severed claims became a new civil action. Therefore, Thompson had to pay the fees or submit a new application and prisoner authorization for this case.

Order

The court ordered Thompson, within 30 days of the order, either to pay $402 or submit the required application and prisoner authorization labeled with docket number 23-CV-3170 (LTS). No summons would issue at that time. If Thompson complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed period, the action would be dismissed without prejudice.

The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the merits of Thompson’s claims arising from his arrest or detention.