Sowell v. The New York City Department of Homeless Services
- Laura Swain
- 1:23-cv-05346
- U.S. District Court · Southern District of New York
- 6
In Sowell v. The New York City Department of Homeless Services, Judge Swain ordered payment or fee paperwork within 30 days.
Randy Sowell and his action against The New York City Department of Homeless Services; Sowell must either pay the required fees or submit the specified paperwork within 30 days to avoid the stated consequence.
What happened
Sowell v. The New York City Department of Homeless Services concerns Randy Sowell’s civil action against the New York City Department of Homeless Services. Sowell is incarcerated and filed the action without a lawyer, filing fee, completed application to proceed without prepaying fees, or prisoner authorization.
The court ordered Sowell, within 30 days, either to pay $402 in fees or submit the required application and authorization. The authorization would allow the $350 filing fee to be deducted from his prison account in installments. No answer was required at that stage, and the court stated that the action would be dismissed if he did not comply.
Judge Laura Taylor Swain did not decide the underlying claims. She also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Sowell v. The New York City Department of Homeless Services · No. 1:23-cv-05346
- Laura Swain
- June 27, 2023
Background
Randy Sowell brought this civil action against The New York City Department of Homeless Services. The opinion states that Sowell is incarcerated at Vernon C. Bain Center and is proceeding without a lawyer. The court had previously separated claims against shelter staff and Department of Homeless Services police from claims in an earlier action and directed the Clerk of Court to open this case.
Filing requirements
A prisoner filing a civil action must either pay the required fees or request permission to proceed without prepaying them. The order states that the total fees were $402: a $350 filing fee and a $52 administrative fee. A prisoner who receives permission to proceed without prepaying fees still must pay the $350 filing fee in installments under the Prison Litigation Reform Act.
Sowell submitted the complaint without the fees, a completed application to proceed without prepaying fees, or a prisoner authorization. The prisoner authorization would permit deductions from his prison account and require submission of certified account statements for the previous six months.
Order
The court ordered Sowell, within 30 days of the order, either to pay $402 or submit the application and prisoner authorization, labeled with docket number 23-CV-5346 (LTS). The court stated that no answer was required at that time, that the case would be processed if Sowell complied, and that the action would be dismissed if he did not comply within the allowed time.
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Sowell’s claims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.