Berry v. Federal Bureau Investigation
- Laura Swain
- 1:24-cv-01753
- U.S. District Court · Southern District of New York
- 5
In Berry v. Federal Bureau Investigation, Judge Swain ordered payment or an IFP application within 30 days before the case could proceed.
Tyanna Berry’s case was placed on hold pending payment of the filing fees or submission of the required application and prisoner authorization; the opinion does not reach the claims against the defendants.
What happened
Tyanna Berry filed this civil action against the Federal Bureau Investigation and other defendants while detained at the Rose M. Singer Center on Rikers Island. She filed the complaint without paying the required fees or submitting the required forms to proceed without prepayment.
The court gave Berry 30 days to either pay $405 in fees or submit a signed application to proceed without prepayment and a prisoner authorization. The authorization would permit installment deductions from her prisoner account for the $350 filing fee. The court also stated that no summons would issue at that time.
Judge Laura Taylor Swain ordered that the case be processed under the Clerk’s Office procedures if Berry complies. The order states that the action will be dismissed if she does not comply within the deadline, and it denies permission to appeal without prepaying fees.
The detailed version
- Berry v. Federal Bureau Investigation · No. 1:24-cv-01753
- Laura Swain
- Apr. 24, 2024
Background
Tyanna Berry brought this civil action against the Federal Bureau Investigation and other defendants. The opinion states that Berry was detained at the Rose M. Singer Center on Rikers Island and was proceeding without a lawyer. The opinion does not describe the claims in the complaint.
Fees and required filings
The court explained that a prisoner filing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or request permission to proceed without prepaying fees by submitting a signed application and a prisoner authorization. If permission is granted, the $350 filing fee must be collected in installments from the prisoner’s account. The prisoner authorization also directs the detention facility to send the court certified account statements for the previous six months.
Berry filed the complaint without the fees, a completed application, or a prisoner authorization. The court therefore directed Berry, within 30 days of the order, to either pay the $405 in fees or submit the required application and authorization labeled with docket number 24-CV-1753.
Ruling and effect
The court ordered that no summons issue at that time. If Berry complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the permitted time, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order on April 24, 2024.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.