Jordan v. Hussien
- Laura Swain
- 1:24-cv-02656
- U.S. District Court · Southern District of New York
- 5
In Jordan v. Hussien, Judge Swain ordered Tyrone Jordan to pay filing fees or submit prisoner forms within 30 days, or face dismissal.
Tyrone Jordan must either pay the required fees or submit the completed IFP application and prisoner authorization within 30 days. The case will be dismissed if he does not comply; the opinion does not decide the underlying claims against Abdulla Hussien.
What happened
Jordan v. Hussien was filed by Tyrone Jordan, who is incarcerated at Mid-Hudson Forensic Psychiatric Center and is representing himself. He submitted a complaint without paying the required fees or completing the forms needed to ask to proceed without paying fees upfront.
The court gave Jordan 30 days to pay $405 in fees or submit a completed application to proceed without prepaying fees and a prisoner authorization. If he submits the forms, the $350 filing fee will be collected from his prison account in installments. The court did not issue a summons at this time and stated that the action will be dismissed if he does not comply.
Judge Laura Taylor Swain entered the order on April 11, 2024. She also ruled that any appeal from the order would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Jordan v. Hussien · No. 1:24-cv-02656
- Laura Swain
- Apr. 11, 2024
Background
Tyrone Jordan filed this civil action while incarcerated at Mid-Hudson Forensic Psychiatric Center and proceeding without a lawyer. The opinion does not describe the underlying claims against Abdulla Hussien. Jordan submitted the complaint without paying the required filing fees and without submitting a completed application to proceed without prepaying fees, commonly called an IFP application, or a prisoner authorization.
Order
Judge Laura Taylor Swain ordered Jordan, within 30 days of the order, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit the attached IFP application and prisoner authorization. If the court grants a prisoner’s IFP application, the $350 filing fee must still be paid in installments deducted from the prisoner’s account. The prisoner authorization permits the facility to make those deductions and requires certified account statements for the previous six months to be sent to the court.
Effect of the Order
The court did not issue a summons at that time. It stated that the case would be processed under the Clerk’s Office procedures if Jordan complied, and that the action would be dismissed if he did not comply within the allowed time. The court certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order also cautioned that certain future dismissals could count as strikes under the prisoner-litigation statute.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.