Evans v. Superintendent
- Cathy Seibel
- 7:24-cv-00927
- U.S. District Court · Southern District of New York
- 3
In Evans v. Superintendent, Judge Swain ordered Clarence Evans to pay fees or seek a fee waiver and file an amended complaint before the case can proceed.
Clarence Evans, who must pay the required fees or submit the specified fee-waiver and prisoner-authorization forms and file a signed amended complaint within 30 days. The opinion does not identify any defendant.
What happened
Evans v. Superintendent began when Clarence Evans, who is incarcerated and representing himself, sent the court a letter asking for information about getting a temporary restraining order. The letter did not identify any defendants or state the facts and relief for specific claims.
The court ordered Evans to either pay the required fees or submit an application to proceed without paying them in advance, along with authorization for prison-account deductions. It also required him to complete and sign an amended complaint naming defendants, stating supporting facts, and describing the relief he seeks.
Judge Swain ordered Evans to complete these steps within 30 days. No summons will issue yet, and the case will be dismissed if he does not comply; the order also denied fee-waiver status for an appeal from the order.
The detailed version
- Evans v. Superintendent · No. 7:24-cv-00927
- Cathy Seibel
- Feb. 8, 2024
Background
Clarence Evans filed a letter that the Clerk’s Office opened as a new civil action. He is incarcerated at Sullivan Correctional Facility and is proceeding without a lawyer. His letter asked the court for information about obtaining a temporary restraining order, but it did not identify the parties he intended to sue.
Fees and prisoner authorization
The order required Evans, within 30 days, to either pay the civil-action fees or request permission to proceed without paying them in advance. To make that request, he had to submit a signed application to proceed in forma pauperis, meaning without prepaying the fees, and a prisoner authorization. The authorization would allow deductions from his prison account toward the $350 filing fee and would require certified copies of his account statements for the prior six months.
The opinion states that the total fees are $405: a $350 filing fee and a $55 administrative fee. It also explains that the administrative fee does not apply to a person granted permission to proceed without prepayment of fees. The order’s opening paragraph refers to paying $350, but its discussion and conclusion direct Evans to pay $405 or submit the application and authorization.
Amended complaint
The court directed Evans to complete and sign the attached amended-complaint form. He must name the defendants, state facts supporting each claim against each defendant, and describe the relief requested. If he does not know a defendant’s name, he may use a John Doe or Jane Doe designation and provide identifying information.
Disposition
The court directed Evans to pay the fees or submit the required application and authorization within 30 days. It also directed him to return the signed amended complaint with the payment or those forms. No summons will issue at this time. If Evans complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the allowed time, the action will be dismissed. The court further certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the merits of any claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.