Murray v. City of New York
- Laura Swain
- 1:24-cv-00926
- U.S. District Court · Southern District of New York
- 3
In Murray v. City of New York, Judge Swain ordered Murray to pay filing fees or submit forms to proceed without prepayment.
Robert Lee Murray, who must either pay the filing fees or submit the required application and, if applicable, prisoner authorization within 30 days for the case to proceed; the City of New York was not required to answer at this stage.
What happened
Robert Lee Murray filed this case against the City of New York without paying the required fees or submitting the forms needed to request permission to proceed without prepayment. The order says Murray is incarcerated at Mid Hudson Forensic Psychiatric Center and is representing himself.
The court gave Murray 30 days to pay $405 in fees or submit a signed application to proceed without prepayment and, if required, a prisoner authorization form. The court said it was unclear whether Murray qualifies as a prisoner under the relevant law; if he does not, he need submit only the application. No answer was required at that time, but the action will be dismissed if he does not comply.
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 against the City of New York.
The detailed version
- Murray v. City of New York · No. 1:24-cv-00926
- Laura Swain
- Feb. 9, 2024
Background
Robert Lee Murray brought this action against the City of New York while incarcerated at Mid Hudson Forensic Psychiatric Center. The opinion states that he is representing himself. He filed the complaint without paying the required fees and without submitting a completed application to proceed without prepayment or a prisoner authorization.
Court’s analysis
The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepayment and a prisoner authorization. If the court grants the application, the $350 filing fee is collected in installments from the prisoner’s account. The prisoner authorization also directs the facility to make those deductions and provide certified account statements for the preceding six months.
The court noted that it was unclear whether Murray qualifies as a “prisoner” under the governing statute. If he is not a prisoner and does not have a prison account, he does not need to submit the prisoner authorization and must submit only the application to proceed without prepayment.
Order and effect
The court ordered Murray, within 30 days of the order, either to pay $405 or submit the required application and, if applicable, prisoner authorization. The documents should identify docket number 24-CV-926 (LTS). No answer was required at that stage. If Murray complies, the case will be processed under the Clerk’s Office procedures; if he does not, the action will be dismissed.
Judge Laura Taylor Swain certified 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 reach the merits of Murray’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.