Howard v. New York City
- Laura Swain
- 1:23-cv-07013
- U.S. District Court · Southern District of New York
- 2
In Howard v. New York City, Chief Judge Swain ordered Ronald Howard to pay fees or submit IFP paperwork within 30 days.
Ronald Howard, who was required to pay the filing fees or submit the required application and authorization to continue the case.
What happened
In Howard v. New York City, Ronald Howard filed a civil action without paying the required fees or submitting the paperwork needed to ask to proceed without prepaying them.
The court gave Howard 30 days to either pay $402 or submit a signed application to proceed without prepayment and authorization for installment withdrawals from his account. The court did not require an answer from the defendants at that time.
Chief Judge Laura Taylor Swain ordered that the case would be processed if Howard complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees for purposes of any appeal from this order.
The detailed version
- Howard v. New York City · No. 1:23-cv-07013
- Laura Swain
- Aug. 11, 2023
Background
Ronald Howard, who was incarcerated at Otis Bantum Correctional Center, filed this civil action without a lawyer. He did not pay the required filing fees and did not submit a completed application to proceed without prepayment of fees or a prisoner authorization.
What the court required
The court explained that a prisoner filing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying fees. To make that request, Howard had to submit a signed application and a prisoner authorization. If permission is granted, the $350 filing fee is collected in installments from the prisoner's account, and the authorization allows the facility to make those deductions and provide certified account statements for the preceding six months.
The court ordered Howard, within 30 days of the order, to either pay the $402 or submit the application and prisoner authorization. The documents were to identify docket number 23-CV-7013. The court stated that no answer was required at that time.
Ruling and effect
Chief United States District Judge Laura Taylor Swain ordered that the case would be processed under the Clerk's Office procedures if Howard complied. If he failed to comply within the allowed time, the action would be dismissed. The order did not dismiss the action at that time and did not decide the underlying claims.
The court also 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 cautioned that a later dismissal for being frivolous, malicious, or failing to state a claim could count as a filing "strike" under 28 U.S.C. § 1915(g).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.