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S.D.N.Y.Procedural orderFiled May 26, 2023

Alldredge v. Trump

Judge
Laura Swain
Docket
1:23-cv-04308
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedurePro Se
In one sentence

In Alldredge v. Trump, Judge Swain ordered Joseph Alldredge to pay filing fees or request permission to proceed without prepayment within 30 days.

Who this affects

Joseph Alldredge must either pay $402 or submit the required application and prisoner authorization within 30 days; otherwise, the action will be dismissed. The order did not resolve the underlying claims against Donald John Trump.

What happened

In Alldredge v. Trump, Joseph Alldredge, who is incarcerated and representing himself, filed a civil action against Donald John Trump without paying the required fees or submitting the required forms.

The court ordered Alldredge, within 30 days, either to pay $402 in fees or submit a completed application to proceed without prepaying fees and a prisoner authorization. The authorization would allow installment payments from his prison account.

Judge Laura Taylor Swain did not issue a summons at that time and said the action will be dismissed if Alldredge does not comply. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Alldredge v. Trump · No. 1:23-cv-04308
Judge
Laura Swain
Date
May 26, 2023

Background

Joseph Alldredge filed this civil action against Donald John Trump while incarcerated at Richard J. Donovan Correctional Facility - San Diego. The opinion states that Alldredge was proceeding without a lawyer. He submitted the petition without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Required payment or application

The court explained that a prisoner bringing a civil action must either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or submit the required application and authorization. If the court grants the application to proceed without prepaying fees, the $350 filing fee still must be collected in installments from the prisoner's account under the Prison Litigation Reform Act. The authorization also directs the correctional facility to deduct the payments and provide certified account statements for the prior six months.

Order and disposition

The court ordered Alldredge to take one of those two steps within 30 days of the order: pay the $402 in fees or submit the application and prisoner authorization, labeled with docket number 23-CV-4308 (LTS). No summons was to be issued at that time. The court stated that the case would be processed under the Clerk's Office procedures if Alldredge complied, and that the action would be dismissed if he did not comply within the allowed period.

Judge Laura Taylor Swain 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 did not decide the underlying claims against Donald John Trump.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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