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S.D.N.Y.Procedural orderFiled Feb. 26, 2024

Wayne Jackson v. Trump

Judge
Laura Swain
Docket
1:24-cv-01433
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedurePro Se
In one sentence

In Jesse Michael Wayne Jackson v. Donald J. Trump, Judge Swain ordered Jackson to pay fees or submit prisoner forms within 30 days.

Who this affects

Jesse Michael Wayne Jackson, whose civil action was conditioned on paying the required fees or submitting the required application and prisoner authorization.

What happened

Jesse Michael Wayne Jackson v. Donald J. Trump concerns Jackson’s filing of a civil action without paying the required fees or submitting the forms needed to request permission to proceed without paying fees upfront.

The court gave Jackson 30 days to either pay $405 or submit a signed application and prisoner authorization. The authorization would allow the $350 filing fee to be deducted from his prison account in installments. The court said no summons would be issued yet and warned that the action would be dismissed if he did not comply.

Chief Judge Laura Taylor Swain issued the order on February 26, 2024. She also denied permission to appeal without paying 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
Wayne Jackson v. Trump · No. 1:24-cv-01433
Judge
Laura Swain
Date
Feb. 26, 2024

Background

Jesse Michael Wayne Jackson filed a civil action without a lawyer. The opinion states that Jackson is incarcerated at CoreCivic Cimarron Correctional Facility. He submitted his complaint without paying the filing fees and without completing an application to proceed without paying fees upfront or a required prisoner authorization.

Court’s Order

The court explained that a prisoner filing a civil action must either pay $405 in fees—$350 for the filing fee and $55 for the 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 from the prisoner’s account in installments under the Prison Litigation Reform Act. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

The court ordered Jackson, within 30 days of the order, to either pay the $405 or submit the completed application and prisoner authorization labeled with docket number 24-CV-1433 (LTS). No summons would be issued at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Jackson complied and that the action would be dismissed if he did not comply within the allowed period.

Appeal and Other Warnings

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The court also warned that certain future dismissals could count as “strikes” under 28 U.S.C. § 1915(g), potentially affecting a prisoner’s ability to file later federal civil actions without prepaying fees. The order did not address the merits of Jackson’s 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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