Schulte v. United States of America et al
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 7/6/2021. In Forma Pauperis (IFP) Application due by 7/6/2021. Prisoner Authorization Form due by 7/6/2021. (Signed by Judge Laura Taylor Swain on 6/4/2021) (Attachments: #1 IFP application, #2 prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSHUA ADAM SCHULTZ,
-againstUNITED STATES OF AMERICA et al,
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION AND PRISONER
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, currently incarcerated at Metropolitan Correctional Center, 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 certified copies of the prisoner’s account statements for the past six months.
See 28 U.S.C. § 1915(a)(2), (b).
The $52.00 administrative fee for filing a civil action does not apply to persons granted
IFP status under 28 U.S.C. § 1915.
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-4042 (LTS). 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).
June 4, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
Plaintiff is cautioned that if a prisoner files an action that is dismissed as frivolous,
malicious, 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.
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