Clapp v. Vail
- Philip Halpern
- 7:24-cv-00324
- U.S. District Court · Southern District of New York
- 3
In Clapp v. Vail, Judge Swain ordered Joel M. Clapp to pay fees or submit prisoner authorization within 30 days.
Joel M. Clapp, an incarcerated plaintiff representing himself, was required to pay the fees or submit the required prisoner authorization for his action to proceed.
What happened
In Clapp v. Vail, Joel M. Clapp filed this action without a lawyer while incarcerated at Rockland County Jail. He submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court ordered Clapp, within 30 days, either to pay $405 in fees or to submit the completed authorization. The authorization would permit installment deductions from his prison account for the $350 filing fee and require certified account statements. No summons would issue at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Clapp complied and would be dismissed if he did not. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Clapp v. Vail · No. 7:24-cv-00324
- Philip Halpern
- May 1, 2024
Background
Joel M. Clapp, who was incarcerated at Rockland County Jail, filed the action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed without payment upfront, but did not submit the required prisoner authorization.
Order
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, federal law requires the $350 filing fee to be collected in installments from the prisoner's account. The authorization also directs the facility to provide certified copies of the prisoner's account statements for the previous six months.
Within 30 days of the order, Clapp was required either to pay the $405 or complete and submit the attached prisoner authorization, labeled with docket number 24-CV-0324 (LTS). No summons would issue at that time. The order stated that the case would be processed under the Clerk's Office procedures if Clapp complied and that the action would be dismissed if he failed to comply within the permitted time.
Appeal and disposition
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The order addressed filing requirements and did not decide the underlying claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.