Noble v. Rikers Island G.R.V.C.
- Laura Swain
- 1:24-cv-00473
- U.S. District Court · Southern District of New York
- 5
In Noble v. Rikers Island G.R.V.C., Judge Swain ordered Noble to pay fees or submit forms within 30 days, or face dismissal.
Jerome Noble and his civil action against Rikers Island G.R.V.C.; the order required Noble to pay the fees or submit the required forms before the case could proceed.
What happened
In Noble v. Rikers Island G.R.V.C., Jerome Noble filed a civil action without paying the required fees or submitting a completed application to proceed without paying them upfront. The order states that Noble is incarcerated and representing himself.
The court gave Noble 30 days to either pay $405 in fees or submit the required application and authorization allowing payments from his prison account. No answer from the defendant was required at that time, and the court stated that the case would be processed if Noble complied.
If Noble did not comply within the deadline, the action would be dismissed. Judge Laura Taylor Swain also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Noble v. Rikers Island G.R.V.C. · No. 1:24-cv-00473
- Laura Swain
- Feb. 14, 2024
Background
Jerome Noble brought this civil action against Rikers Island G.R.V.C. The opinion states that Noble is incarcerated at George R. Vierno Center and is proceeding without a lawyer. He submitted his complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.
Payment or fee-waiver requirements
The court explained that a prisoner starting a civil action must either pay $405— a $350 filing fee and a $55 administrative fee—or request permission to proceed without prepaying fees. To make that request, Noble had to submit a signed application and a prisoner authorization. The authorization would allow the $350 filing fee to be deducted from his prison account in installments and would require certified copies of account statements for the previous six months. The court also noted that the $55 administrative fee does not apply to people granted permission to proceed without prepaying fees.
Order
The court ordered Noble, within 30 days of the order, to either pay the $405 in fees or submit the application and prisoner authorization, labeled with docket number 24-CV-0473 (LTS). No answer was required from the defendant at that stage. The court stated that the case would be processed under the Clerk’s Office procedures if Noble complied and that the action would be dismissed if he did not comply within the allowed time.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion did not decide the underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.