Clark v. Hutchison
- Nelson Roman
- 7:23-cv-03271
- U.S. District Court · Southern District of New York
- 3
In Clark v. Hutchison, Judge Swain ordered Cleon Clark to pay fees or correct missing authorization and signature documents within 30 days.
Cleon Clark, who is detained at the Westchester County Jail and filed the action without a lawyer. The case will proceed to clerk’s-office processing only if he satisfies the court’s filing requirements.
What happened
In Clark v. Hutchison, Cleon Clark filed a civil case while detained at the Westchester County Jail and asked to proceed without paying the fees upfront. He filed an application for that status, but it was unsigned and did not include the required prisoner authorization.
The court gave Clark 30 days to either pay $402 in fees or submit the prisoner authorization, and to resubmit the application’s signature page with an original signature. No summons will issue yet.
If Clark complies, the clerk’s office will process the case; if he does not, the action will be dismissed. Judge Laura Taylor Swain also ruled that any appeal from this order would not qualify for fee-free status.
The detailed version
- Clark v. Hutchison · No. 7:23-cv-03271
- Nelson Roman
- Apr. 21, 2023
Background
Cleon Clark, who is detained at the Westchester County Jail, brought this action without a lawyer. He submitted an application to proceed without prepaying filing fees, but the application was unsigned. He also did not submit the required prisoner authorization.
Under the court’s explanation, a prisoner who seeks to proceed without prepaying fees must submit a signed application and a prisoner authorization. The authorization permits deductions from the prisoner’s account in installments to pay the $350 filing fee and requires certified account statements for the previous six months. The total amount needed to file without that status is $402: a $350 filing fee and a $52 administrative fee. The administrative fee does not apply if the court grants the prisoner’s request to proceed without prepaying fees.
Order
The court directed Clark, within 30 days of the order, to do both of the following: either pay the $402 in fees or complete and submit the attached prisoner authorization, and resubmit the application’s signature page with an original signature. Any submitted documents should include docket number 23-CV-3271 (LTS).
No summons will issue at this time. If Clark complies, the case will be processed under the clerk’s office procedures. If he does not comply within the allowed time, the action will be dismissed. The court also certified under federal law that an appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
Judge and classification
Judge Laura Taylor Swain entered this procedural order. The order addresses filing requirements and does not decide the underlying claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.