Opinion
21-CV-2927 (LTS)
05-21-2021
RAFAEL ARDEN JONES, aka Rafael Arden Jones Sr., Plaintiff, v. TRACEY LOGAN, et al., Defendants.
ORDER DIRECTING PRISONER AUTHORIZATION
LAURA TAYLOR SWAIN, Chief United States District Judge.
Plaintiff, currently incarcerated in the George R. Vierno Center (GRVC) on Rikers Island, brings this action pro se. To proceed with a civil action in this Court, a prisoner must either pay $400.00 in fees - a $350.00 filing fee plus a $52.00 administrative fee - or, to request permission to proceed without prepayment of fees, submit a signed IFP application and a prisoner authorization. See 28 U.S.C. §§ 1914, 1915. If the Court grants a prisoner's IFP application, the Prison Litigation Reform Act requires the Court to collect the $350.00 filing fee in installments deducted from the prisoner's account. See 28 U.S.C. § 1915(b)(1). A prisoner seeking to proceed in this Court without prepayment of fees must therefore also authorize the Court to withdraw these payments from his account by filing a “prisoner authorization, ” which directs the facility where the prisoner is incarcerated to deduct the $350.00 filing fee from the prisoner's account in installments and to send to this Court certified copies of the prisoner's account statements for the past six months. See 28 U.S.C. § 1915(a)(2), (b).
The $52.00 administrative fee for filing a civil action does not apply to persons granted IFP status under 28 U.S.C. § 1915.
Plaintiff did not submit a prisoner authorization. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or complete and submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it should be labeled with docket number 21-CV-2927 (LTS).
By order dated April 14, 2021, the Court issued an order directing Plaintiff to submit the prisoner authorization, which he failed to do. That order was mailed to Plaintiff at the Anna M. Kross Center, his address at the time, and not returned. On May 10, 2021, Plaintiff notified the Court that he had been moved to GRVC. There is no indication that Plaintiff did not receive the April 14, 2021 order. In an abundance of caution, however, the Court gives Plaintiff one more opportunity to submit the prisoner authorization.
Plaintiff is cautioned that if a prisoner files an action that is dismissed as frivolous or for failing to state a claim, the dismissal is a “strike” under 28 U.S.C. § 1915(g). A prisoner who receives three “strikes” cannot file actions in forma pauperis as a prisoner, unless he is under imminent danger of serious physical injury, and must pay the filing fee at the time of filing any new action.
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. No. summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).
SO ORDERED.