Browne v. Schneiderman

Filing 4

ORDER. Browne has not paid the $350 civil filing fee or applied for in forma pauperis status. Accordingly, the action is dismissed without prejudice. Ordered by Judge John Gleeson on 5/2/2013. (O'Reilly, Helen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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KENDALL BROWNE,
Plaintiff,
-against-

ORDER
13-CV-1679 (JG)(RLM)

ERIC SCHNEIDERMAN, as Attorney
General of the United States,
Defendant.
---------------------------------------------------------X
JOHN GLEESON, U.S.D.J.:
Kendall Browne, incarcerated at the George Motchan Detention Center on Rikers
Island1 filed a pro se action on March 20, 2013. His submission did not include either the
requisite filing fee, see 28 U.S.C. 1914(a) (establishing a $350 filing fee in civil cases), or an in
forma pauperis (“IFP”) application and Prisoner Authorization form. By letter dated March 28,
2013, the Clerk of Court instructed Browne that, in order to proceed, he must either pay a filing
fee or return the completed IFP application and the Prisoner Authorization form within 14 days.2
To date, Browne has not submitted the forms required by the Court’s March 28 letter and the
time for doing so has passed. Since Browne may not initiate a civil action in this Court without
either paying the $350 filing fee up front or filling out an IFP application and Prisoner
1

According to the New York City Department of Corrections Inmate Lookup, Brown was released
to the custody of the New York State Department of Corrections on April 25, 2013. See NYC Dep’t of Correction
Inmate Look Up Service, http://a073-ils-web.nyc.gov/inmatelookup/ils/pages/common/find.jsf (last visited May 1,
2013). Browne is presently being held at Downstate Correctional Facility. See NY State Dep’t of Corr. Inmate
Look Lookup, http://www.doccs.ny.gov/inmateinfo.html (last visited: May 1, 2013). The Clerk of Court is
respectfully requested to update the docket to reflect Brown’s current mailing address: Mr. Kendall Browne,
13A1808, Downstate Correctional Facility, 121 Red Schoolhouse Road, P.O. Box 445, Fishkill, New York 125240445. Browne is reminded that, going forward, it is his responsibility to keep the Court apprised of his current
address.
2
The Prison Litigation Reform Act, 42 U. S. C. §1997e et seq requires all prisoners to pay court
filing fees in full. If a prisoner does not have the money up to pay the filing fee up front, prisoners may pay the
filing fee over time through monthly installments. A Prisoner Authorization Form authorizes the facility to send to
the Clerk of the Court a copy of his prison account statement for the past six months and authorizes the facility to

Authorization form, the action is dismissed without prejudice to re-filing. See 28 U.S.C. 1915(b)
(providing that a prisoner must certify what assets are available in his prison trust account before
he may bring a civil action without prepayment of fees).3
So ordered.
John Gleeson, U.S.D.J.
Dated: May 2, 2013
Brooklyn, New York

calculate and deduct amounts from a prison trust fund toward the Court $350.00 filing fee.
3
Browne’s submission appears to challenge the constitutionality of a series of New York State
Penal laws. See Not. of Deficient Filing, ECF No. 1, Attach 3. I note that the Supreme Court of the United States
has held that federal courts generally must abstain from hearing lawsuits challenging the constitutionality of state
statutes when the state proceedings are ongoing. See Younger v. Harris, 401 U.S. 37, 43-44 (1971).
2