Hawkins v. Erie County Correctional Health et al

OCR transcription for search; preserved printed pages are authoritative

Case 6:25-cv-06300-FPG Document2_ Filed 06/13/25 Page 1of6

PS

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ERIC M HAWKINS,

Plaintiff,
V. 25-CV-6300-FPG
ORDER
ERIE COUNTY CORRECTIONAL
HEALTH, et al.,
Defendants.

Pro se Plaintiff, Eric M Hawkins, is a prisoner confined at the Erie County
Correctional Facility. He filed a Complaint asserting claims under 42 U.S.C. § 1983,
Docket Item 1, but he did not pay the filing fee. Plaintiff did not submit an application to
proceed in forma pauperis (that is, as someone who should have the prepayment of the
ordinary filing fee waived because he cannot afford it).

As set forth below, the Clerk of Court shall administratively terminate this action.
If Plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of
the date of this Order and must include either (1) a properly supported motion to proceed
in forma pauperis along with the required certification of Plaintiffs inmate trust fund
account (or institutional equivalent) and authorization form or (2) the $350.00 filing fee

and the $55.00 administrative fee ($405.00 total).

Case 6:25-cv-06300-FPG Document2_ Filed 06/13/25 Page 2 of6

DISCUSSION
A party commencing a civil action in this Court ordinarily must pay a $350.00 filing
fee as well as a $55.00 administrative fee.! See 28 U.S.C. § 1914; Judicial Conference
Schedule of Fees, District Court Miscellaneous Fee Schedule;? Western District of New
York, District Court Schedule of Fees.* If a “prisoner” (as defined in 28 U.S.C. § 1915(h))
wishes to commence a civil action, the prisoner must either (1) pay those fees or (2)

obtain permission to proceed in forma pauperis, under 28 U.S.C. § 1915.

I. REQUIREMENTS FOR IN FORMA PAUPERIS APPLICATION
The Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321

(April 26, 1996), which amended 28 U.S.C. § 1915, established certain requirements that
a prisoner must meet in order to proceed in forma pauperis. Those requirements are

summarized below.

A. Supporting Affidavit or Affirmation

Under 28 U.S.C. § 1915(a)(1), a prisoner seeking to bring a civil action in forma
pauperis must submit an affidavit or affirmation detailing the prisoner’s assets and
liabilities and swearing under oath that the prisoner is unable to pay the $350.00 filing

fee. A motion to proceed in forma pauperis should be supported by such an affidavit or

‘Effective May 1, 2013, the Judicial Conference of the United States added an administrative fee to the cost
of filing a civil lawsuit in district court. See September 2012 Report of the Proceedings of the Judicial
Conference of the United States, available at http://;www.uscourts.gov/about-federal-courts/reports-
proceedings-judicial-conference-us. But this additional administrative fee does not apply to prisoners who
are granted permission to proceed in forma pauperis. See generally id. Effective December 1, 2023, this
fee was increased to $55.00. See _https:/Awww.uscourts.gov/services-forms/fees/district-court-
miscellaneous-fee-schedule.

2 Available at http://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee-schedule.

3 Available at http://www.nywd.uscourts.gov/fee-schedule.

2

Case 6:25-cv-06300-FPG Document2_ Filed 06/13/25 Page 3of6

affirmation filed at the same time as the complaint. The United States District Court for
the Western District of New York has made available a form motion to proceed in forma
pauperis with supporting affirmation’ that is designed to help pro se litigants (such as the

Plaintiff here) comply with 28 U.S.C. § 1915(a)(1).

B. Certification of Inmate Trust Fund Account

Under 28 U.S.C. § 1915(a)(2), a prisoner seeking to proceed in forma pauperis
also must submit a certified copy of the prisoner’s inmate trust fund account statement
(or an institutional equivalent) for the six months immediately before the prisoner's
complaint was filed. The prisoner must obtain this certified account statement from the
appropriate official at each correctional facility where the prisoner was confined during
that six-month period. See 28 U.S.C. § 1915(a)(2). Alternatively, the prisoner may have
prison officials complete and sign the “Prison Certification Section” of the court's form
motion referred to above. See supra note 4. In the “Prison Certification Section,” prison
officials provide the information in the prisoner’s trust fund account statement required by

28 U.S.C. § 1915(a)(2).

C. Authorization Form

A prisoner seeking to proceed in forma pauperis also is required to submit a signed
authorization form,® permitting the institution in which the prisoner is confined to pay—

over time, if necessary—the $350.00 filing fee from the prisoner’s trust fund account (or

4 The Court has ordered that a form motion to proceed in forma pauperis with supporting affirmation be
mailed to Plaintiff. The form also is available at http://www.nywd.uscourts.gov/pro-se-forms.

5 The Court has ordered that an authorization form be mailed to Plaintiff. The form also is available at
http:/Awww.nywd.uscourts.gov/pro-se-forms.

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institutional equivalent). See 28 U.S.C. § 1915(b)(1)-(4). In other words, even if the
prisoner is granted in forma pauperis status, the prisoner must pay the full $350.00 filing
fee in installments. See 28 U.S.C. § 1915(b)(1)-(2). The initial payment will be 20% of
the average monthly deposits to the prisoner’s account or 20% of the average monthly
balance in the prisoner’s account for the six-month period immediately preceding the filing
of the complaint, whichever is greater. See 28 U.S.C. § 1915(b)(1). For each month after
that, as long as the amount in the prisoner’s account exceeds $10.00, the agency having
custody of the prisoner will deduct from the prisoner's account and forward to the Clerk
of Court an installment payment equal to 20% of the preceding month’s income that was
credited to the prisoner's account. See 28 U.S.C. § 1915(b)(2). Those payments

continue until the $350.00 fee is paid in full. /d.

ll. ADMINISTRATIVE TERMINATION OF THIS ACTION
Here, Plaintiff did not pay the $350.00 filing fee or the $55.00 administrative fee

that ordinarily is required to commence a civil action. Nor did he submit a complete motion
to proceed in forma pauperis; an affidavit swearing that he is unable to pay a $350.00
filing fee, see 28 U.S.C. § 1915(a)(1); a certification of his inmate trust fund account, see
28 U.S.C. § 1915(a)(1)-(2); or an authorization form, see 28 U.S.C. § 1915(b). Therefore,
the Clerk of Court shall administratively terminate this action® without filing the Complaint
or assessing a filing fee, as ordered below. As also ordered below, Plaintiff is granted

leave to reopen this action no later than 30 days from the date of this Order.

6 Such an administrative termination is not a “dismissal” for purposes of the statute of limitations.
Therefore, if the case is reopened under the terms of this order, it is not subject to the statute of limitations
time bar as long as it originally was timely filed. See Houston v. Lack, 487 U.S. 266 (1988) (prisoner mailbox
rule); McDowell v. Del. State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of
Educ., 45 F.3d 161, 163 (7th Cir. 1995).

Case 6:25-cv-06300-FPG Document2_ Filed 06/13/25 Page5of6

il. © DEFERMENT OF SCREENING UNDER 28 UNITED STATES CODE
SECTIONS 1915(E)(2) & 1915A

The court is required to screen civil actions filed by prisoners and dismiss them if
they: (1) are frivolous or malicious; (2) fail to state a claim upon which relief may be
granted; or (3) seek monetary relief against a defendant who is immune from such relief.
See 28 U.S.C. § 1915(e)(2); 28 U.S.C. § 1915A; see also 42 U.S.C. § 1997e(c) (dismissal
of prisoner actions brought with respect to prison conditions). Because Plaintiff did not
properly commence this action, this Court will defer the mandatory screening process
until this case is reopened—f, in fact, it is reopened. If this action is reopened and then
dismissed, installment payments of the filing fee under 28 U.S.C. § 1915 will not be
suspended, and the prisoner will not be permitted to obtain a refund of the filing fee or

any part of it that already has been paid.

ORDER

IT IS HEREBY ORDERED that the Clerk of Court shall administratively terminate
this action without filing the Complaint or assessing a filing fee; and it is further

ORDERED that the Clerk of Court is directed to send to Plaintiff a form motion to
proceed in forma pauperis with supporting affirmation; and it is further

ORDERED that if Plaintiff wishes to reopen this action, he shall so notify this Court,
in writing, no later than 30 days from the date of this Order. This writing must include
either (1) a properly supported motion to proceed in forma pauperis along with the
required certification of Plaintiff's inmate trust fund account (or the institutional equivalent)
and authorization form or (2) the $350.00 filing fee and the $55.00 administrative fee

($405.00 total); and it is further

Case 6:25-cv-06300-FPG Document2_ Filed 06/13/25 Page 6of6

ORDERED that upon Plaintiffs submission of either (1) a motion to proceed in
forma pauperis along with the required certification of Plaintiffs inmate trust fund account
and authorization form or (2) the $350.00 filing fee and the $55.00 administrative fee
($405.00 total), the Clerk of Court shall reopen this case without further order.

SO ORDERED.

Dated: an he [ L025

Rochester, New York

P. GERACI, JR.
NITED STATES DISTRICT| JUDGE