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S.D.N.Y.Procedural orderFiled Aug. 16, 2023

Giddings v. United States

Judge
James Oetken
Docket
1:23-cv-07241
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedurePro Se
In one sentence

In Giddings v. United States, Judge Swain ordered Warren Mathew Giddings to pay fees or submit documents seeking permission to proceed without prepayment.

Who this affects

Warren Mathew Giddings, the incarcerated plaintiff proceeding without a lawyer, must either pay the required fees or submit the specified documents within 30 days to avoid dismissal of the action.

What happened

In Giddings v. United States, Warren Mathew Giddings filed a civil lawsuit without paying the required fees or submitting a completed application to proceed without prepaying them. The order states that he is incarcerated and representing himself.

The court gave Giddings 30 days to either pay $402 or submit a signed application and authorization allowing installment payments from his prison account. The court said the case would be processed if he complied and would be dismissed if he did not.

Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith. The order did not decide the underlying claims.

The detailed version

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

Case
Giddings v. United States · No. 1:23-cv-07241
Judge
James Oetken
Date
Aug. 16, 2023

Background

Warren Mathew Giddings filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The opinion states that Giddings is incarcerated at Jessup Correctional Institution and is proceeding without a lawyer.

Order

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

The court ordered Giddings, within 30 days of the order, to pay the $402 or submit the required application and authorization, labeled with docket number 23-CV-7241 (LTS). No answer from the United States was required at that stage. The court stated that the case would be processed under the Clerk's Office procedures if Giddings complied and that the action would be dismissed if he did not comply within the permitted time.

Disposition

Judge Laura Taylor Swain ordered Giddings to pay the fees or submit the required documents. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements and did not resolve the underlying claims.

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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