Opinion
1:24-CV-0498 (LTS)
01-29-2024
JOE W. JEAN-LOUIS, Plaintiff, v. MAYOR N.Y.C., Defendant.
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION
LAURA TAYLOR SWAIN, Chief United States District Judge
Plaintiff Joe W. Jean-Louis, who is currently being treated in the Manhattan Psychiatric Center/Kirby Forensic Psychiatric Center, in New York, New York, brings this action pro se. To proceed with a civil action in this court, a plaintiff must either pay $405.00 in fees - a $350.00 filing fee plus a $55.00 administrative fee - or, to request authorization to proceed without prepayment of fees, submit a completed and signed in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915.
The Court notes that Plaintiff is barred, under the Prison Litigation Reform Act (“PLRA”), from bringing a federal civil action IFP, while he is a prisoner, unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g); Jean-Louis v. Onafer Nuclear Power Plant, No. 2:12-CV-1071, 2 (C.D. Cal. Feb. 22, 2012). For the purpose of the PLRA, the term “prisoner” includes “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 and conditions of parole, probation, pretrial release, or [a] diversionary program.” § 1915(h). Because Plaintiff alleges no facts showing that, while he is currently being treated at a mental hospital, he is considered a prisoner for the purpose of the PLRA, see Gibson v. City Mun. of New York, 692 F.3d 198, 199 (2d Cir. 2012) (“[A] person who has been charged with a crime and is being held prior to trial under a temporary order of observation at a mental health institution, pursuant to New York state law, is a ‘prisoner' within the meaning of the [PLRA].”), the Court will assume, for now, that he is not a prisoner. If, however, the Court learns that Plaintiff filed his complaint while a prisoner, as defined by the PLRA, the Court will examine whether he is barred from bringing this action IFP under the Section 1915(g) filing bar.
Plaintiff submitted his complaint without the fees to bring this action or a completed and signed IFP application. Within 30 days of the date of this order, Plaintiff must either pay the $405.00 in fees or complete, sign, and submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 1:24-CV-0498 (LTS). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See § 1915(a)(1).
No summons shall issue at this time. If Plaintiff complies with this order, this action 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 Court will dismiss this action.
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 IFP 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.