Castillon Torres v. Jehova et al

Filing 2

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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). Filing Fee due by 2/8/2021. In Forma Pauperis (IFP) Application due by 2/8/2021. Prisoner Authorization Form due by 2/8/2021. (Signed by Judge Colleen McMahon on 1/7/21) (Attachments: #1 IFP Application, #2 Prisoner Authorization) (keb) Transmission to Docket Assistant Clerk for processing.

Case 1:21-cv-00135-CM Document 2 Filed 01/07/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
AVELINO CASTILLON TORRES
(aka JOSE LUIS GARCIA
aka JOSE GARCIA TORRES),
Plaintiff,
-againstJEHOVA; PUTIN VLADIMIR; XING PING;
BETOMEX, MARINA ANDRES; MANUEL
LOPEZ OBRADOR; LIZA ECHEVERRA;
JHON MARIBEL GUARDIA; C. PFEIFFER,

20-CV-0135 (CM)
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION AND PRISONER
AUTHORIZATION

Defendants.
COLLEEN McMAHON, Chief United States District Judge:
Plaintiff, currently incarcerated at Kern Valley State Prison, brings this action pro se. 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 authorization to proceed in forma
pauperis (IFP), that is, 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 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 1 from the prisoner’s account in installments and to send to the Court

1

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

Case 1:21-cv-00135-CM Document 2 Filed 01/07/21 Page 2 of 2

certified copies of the prisoner’s account statements for the past six months. See 28 U.S.C.
§ 1915(a)(2), (b).
Plaintiff submitted the complaint without the filing fees or a completed IFP application
and prisoner authorization. Within thirty days of the date of this order, Plaintiff must either pay
the $402.00 in fees or submit the attached IFP application and prisoner authorization forms. If
Plaintiff submits the IFP application and prisoner authorization, they should be labeled with
docket number 21-CV-0135 (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 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.
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 7, 2021
New York, New York
COLLEEN McMAHON
Chief United States District Judge

2

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. If an order has issued barring Plaintiff under § 1915(g) from proceeding pro se, he
must so indicate.
2