Walton v. Mukasey

Filing 4

ORDER DIRECTING 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 2/5/2021. (Signed by Judge Colleen McMahon on 1/6/2021) (Attachments: #1 prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-09710-CM Document 4 Filed 01/06/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANDRE WALTON,
Plaintiff,
20-CV-9710 (CM)
-againstFORMER CHIEF JUDGE MICHAEL B.
MUKASEY,

ORDER DIRECTING PRISONER
AUTHORIZATION

Defendant.
COLLEEN McMAHON, Chief United States District Judge:
Plaintiff brings this action pro se. He indicates that he currently detained in a courtmandated drug treatment program on Wards Island and thus appears to be a “prisoner” for
purposes of the in forma pauperis statute, 28 U.S.C. § 1915(h). 1 To proceed with a civil action in
this Court, a prisoner must either pay $402.00 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

1

For purposes of the IFP statute, a prisoner is defined as “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.” 28 U.S.C. § 1915(h); Ruggiero v. County of Orange, 467 F.3d 170,
174 75 (2d Cir. 2006) (term “prisoner” as used in the PLRA “includes within its ambit all
facilities in which prisoners are held involuntarily as a result of violating the criminal law,”
including drug treatment facility). If, at the time of filing the complaint, Plaintiff was not
confined to a drug treatment program as a result of criminal charges and believes that he does not
qualify as a “prisoner,” he should so indicate.

Case 1:20-cv-09710-CM Document 4 Filed 01/06/21 Page 2 of 2

filing a “prisoner authorization,” which directs the facility where the prisoner is incarcerated to
deduct the $350.00 filing fee 2 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).
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 $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 20-CV-9710 (CM).
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 without prejudice.
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:

January 6, 2021
New York, New York
COLLEEN McMAHON
Chief United States District Judge

2

The $52.00 administrative fee for filing a civil action does not apply to persons granted
IFP status under 28 U.S.C. § 1915.
2