Turner v. Lincon-Vitale et al

Filing 3

ORDER DIRECTING PAYMENT OF FEES OR PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 8/26/2020. (Signed by Judge Colleen McMahon on July 27, 2020) (Attachments: # 1 Prisioner Authorization) (jjg) Transmission to Docket Assistant Clerk for processing. Modified on 7/27/2020 (jjg).

Case 1:20-cv-05473-CM Document 3 Filed 07/27/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WILBERT K.A. TURNER,
Plaintiff,
-againstWARDEN M. LINCON-VITALE, et al.,

1:20-CV-5473 (CM)
ORDER DIRECTING PAYMENT OF FEES
OR PRISONER AUTHORIZATION

Defendants.
COLLEEN McMAHON, Chief United States District Judge:
Plaintiff, currently incarcerated in the federal Metropolitan Correctional Center in New
York, New York, 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 in forma pauperis
(“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 prison trust fund account. See
§ 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 prison trust fund account
by filing a “prisoner authorization,” which directs the facility where the prisoner is incarcerated
to deduct the $350.00 filing fee 1 from the prisoner’s prison trust fund account in installments
and to send to this Court certified copies of the prisoner’s prison trust fund account statements
for the past six months. See § 1915(a)(2), (b).

1

The $50.00 administrative fee for filing a federal civil action does not apply to persons
granted IFP status under 28 U.S.C. § 1915.

Case 1:20-cv-05473-CM Document 3 Filed 07/27/20 Page 2 of 2

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-5473 (CM). 2
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 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 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 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.
Dated:

July 27, 2020
New York, New York
COLLEEN McMAHON
Chief United States District Judge

2

Plaintiff is cautioned that if a prisoner files a federal civil action or appeal that is
dismissed as malicious, frivolous, or for failure to state a claim on which relief may be granted,
the dismissal is a “strike” under 28 U.S.C. § 1915(g). A prisoner who receives three “strikes”
cannot file federal civil actions IFP 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 federal civil action.
2