Opinion
20-CV-3793 (LGS)
05-18-2020
LEE TRAIL, Plaintiff, v. NEW YORK CITY DEPT. OF CORRECTIONS, Defendant.
ORDER DIRECTING PRISONER AUTHORIZATION :
Plaintiff, currently incarcerated at the Vernon C. Bain Center (VCBC) in the custody of the New York City Department of Correction, 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 $50.00 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 $50.00 administrative fee for filing a civil action does not apply to persons granted IFP status under 28 U.S.C. § 1915
Plaintiff submitted an IFP application but did not submit a prisoner authorization. Within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or complete and submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it should be labeled with docket number 20-CV-3793 (LGS). If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. If Plaintiff has been released since the filing of this complaint, he should notify the Court in writing of his change of address.
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 Court received a letter from Plaintiff on May 14, 2020, stating that he understood that he would be released as of May 14, 2020. (ECF No. 3). As of May 15, 2020, DOC public records indicate that Plaintiff remains in custody.
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The order should be mailed to Plaintiff at his address of record at VCBC and at the following address: 103-07 Flatlands Ave., Apt. 5E, Brooklyn, NY 11236.
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. Dated: May 18, 2020
New York, New York
/s/ _________
LORNA G. SCHOFIELD
UNITED STATES DISTRICT JUDGE __________ (full name of the plaintiff/petitioner) -against- __________ (full name(s) of the defendant(s)/respondent(s)) ___CV __________( ) ( )
(Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.)
PRISONER AUTHORIZATION
By signing below, I acknowledge that: (1) because I filed this action as a prisoner, I am required by statute (28 U.S.C. § 1915) to pay the full filing fees for this case, even if I am granted the right to proceed in forma pauperis (IFP), that is, without prepayment of fees; (2) the full $350 filing fee will be deducted in installments from my prison account, even if my case is dismissed or I voluntarily withdraw it. I authorize the agency holding me in custody to: (1) send a certified copy of my prison trust fund account statement for the past six months (from my current institution or any institution in which I was incarcerated during the past six months); (2) calculate the amounts specified by 28 U.S.C. § 1915(b), deduct those amounts from my prison trust fund, and disburse those amounts to the Court. This authorization applies to any agency into whose custody I may be transferred and to any other district court to which my case may be transferred. __________
Date
A "prisoner" is "any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions of parole, probation, pretrial release, or diversionary program." 28 U.S.C. § 1915(h).
__________
Signature __________
Name (Last, First, MI) __________
Prison Identification # __________
Address __________
City __________
State __________
Zip Code