Lang v. S.C.I. Sing Sing Superintendent
- Laura Swain
- 1:23-cv-08627
- U.S. District Court · Southern District of New York
- 3
In Lang v. S.C.I. Sing Sing Superintendent, Judge Swain ordered Jamel Lang to pay filing fees or submit authorization before the case could proceed.
Jamel Lang, who must either pay the required fees or submit the prisoner authorization for the case to proceed.
What happened
Lang v. S.C.I. Sing Sing Superintendent is a civil action brought by Jamel Lang, who is incarcerated and is representing himself. He submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court explained that Lang must either pay $402 in fees or authorize deductions of the $350 filing fee from his prison account in installments. The authorization must also allow the facility to provide certified account statements for the previous six months.
Judge Swain ordered Lang to complete one of those steps within 30 days. No summons will issue yet, and the case will be processed if he complies; if he does not, the action will be dismissed. The court also denied permission to appeal without paying fees.
The detailed version
- Lang v. S.C.I. Sing Sing Superintendent · No. 1:23-cv-08627
- Laura Swain
- Oct. 2, 2023
Background
Jamel Lang, who is incarcerated at S.C.I. Riverview Correctional Facility, brought this action without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.
Required filing-fee steps
The court explained that a prisoner starting a civil action must either pay $402 in fees—$350 for the filing fee and $52 for the administrative fee—or request permission to proceed without prepaying fees. Even if that request is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner's account. The prisoner authorization directs the facility to make those deductions and send certified copies of the prisoner's account statements for the previous six months. The $52 administrative fee does not apply to a person granted permission to proceed without prepaying fees.
Order
The court ordered Lang, within 30 days of the order, to either pay the $402 in fees or complete and submit the attached prisoner authorization, labeled with docket number 23-CV-8627 (LTS). No summons will issue at this time. If Lang complies, the case will be processed under the Clerk's Office procedures; if he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This order did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.