Wells v. John/Jane Doe
- Laura Swain
- 1:23-cv-01225
- U.S. District Court · Southern District of New York
- 3
In Wells v. John/Jane Doe, Judge Swain ordered Wells to pay fees or submit forms, warning that noncompliance would lead to dismissal.
Carl D. Wells, the incarcerated plaintiff proceeding without a lawyer; the action against John/Jane Doe was not served because no summons issued at this time.
What happened
In Wells v. John/Jane Doe, Carl D. Wells, who is incarcerated and representing himself, brought a civil action against John/Jane Doe. The court had previously ordered him to show that he faced an immediate risk of serious physical injury or pay the required fees. Wells submitted a declaration describing serious medical issues but did not pay the fees or submit the required forms.
Judge Swain ordered Wells, within 30 days, either to pay $402 in fees or submit a completed application to proceed without paying the fees upfront and a signed authorization for installment payments from his prison account. The court also stated that no summons would issue at that time and that it would decide whether Wells met the immediate-danger requirement if he submitted the forms.
Judge Swain warned that the action would be dismissed if Wells did not comply within the allowed time. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Wells v. John/Jane Doe · No. 1:23-cv-01225
- Laura Swain
- July 20, 2023
Background
Carl D. Wells, who is incarcerated at Green Haven Correctional Facility and is proceeding without a lawyer, brought this civil action. The opinion states that the action arose from a letter about Wells's medical treatment that was opened as a new civil case.
A prisoner filing a civil action must generally either pay $402 in fees or request permission to proceed without prepaying the fees. That request requires a signed application and a prisoner authorization allowing installment deductions from the prisoner's account. The opinion also states that Wells was barred from filing a new action without prepaying fees unless he showed that he was in immediate danger of serious physical injury.
Order
The court had previously directed Wells to show that he faced an immediate danger of serious physical injury or pay the required fees. Wells responded with a declaration alleging serious medical problems requiring immediate treatment, but he did not pay the fees or submit a completed application and prisoner authorization.
The court ordered Wells, within 30 days of the July 20, 2023 order, either to pay the $402 in fees or submit the required application and authorization, labeled with docket number 23-CV-1225. The order stated that no summons would issue at that time. If Wells submitted the forms, the court would decide whether he met the immediate-danger standard and, if so, grant permission to proceed without prepaying the fees.
Disposition
The court did not dismiss the action in this order. Instead, it directed Wells to pay the fees or submit the required forms and warned that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.