Alexander v. New York City
- Laura Swain
- 1:23-cv-07027
- U.S. District Court · Southern District of New York
- 5
In Alexander v. New York City, Judge Swain ordered Anton Alexander to pay fees or submit prisoner IFP paperwork within 30 days.
Anton Alexander must either pay the required fees or submit the required application and prisoner authorization within 30 days; failure to comply will result in dismissal of the action.
What happened
Alexander v. New York City was filed by Anton Alexander, who is incarcerated at Ulster Correctional Facility and is representing himself. He submitted his complaint without paying the required fees and without a completed application to proceed without prepaying fees or the required prisoner authorization.
The court ordered Alexander, within 30 days of August 10, 2023, either to pay $402 in fees or submit the completed paperwork. If he applies to proceed without prepaying fees, the $350 filing fee would be collected from his prison account in installments; the $52 administrative fee would not apply. The court did not issue a summons, and it stated that the action would be dismissed if Alexander did not comply.
Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and did not decide the underlying claims.
The detailed version
- Alexander v. New York City · No. 1:23-cv-07027
- Laura Swain
- Aug. 10, 2023
Background
Anton Alexander filed this civil action against New York City, Dept. of Corr. & And, and Unnamed Employees management et al. The opinion states that Alexander is incarcerated at Ulster Correctional Facility and is proceeding without a lawyer. He submitted the complaint without the required filing fees, a completed application to proceed without prepaying fees, or a prisoner authorization.
Payment and IFP requirements
The court explained that a prisoner must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying fees by submitting a signed application and prisoner authorization. If permission to proceed without prepaying fees is granted, the Prison Litigation Reform Act requires collection of the $350 filing fee in installments from the prisoner’s account. The $52 administrative fee does not apply to a person granted that status.
Order
The court ordered Alexander to do one of two things within 30 days of the order: pay the $402 in fees or submit the attached application and prisoner authorization, labeled with docket number 23-CV-7027 (LTS). No summons would be issued at that time. The court stated that, if Alexander complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
Appeal and scope of the ruling
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order concerns payment and filing-status requirements. It does not decide the merits of Alexander’s claims against the defendants.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.