Haywood v. Palmer et al
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 10/7/2021. (Signed by Judge Laura Taylor Swain on 9/7/2021) (Attachments: # 1 prisoner authorization) (asg) Transmission to Docket Assistant Clerk for processing.
Case 1:21-cv-07277-LTS Document 4 Filed 09/07/21 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-againstTENNESSEE S. PALMER; A. VALLE,
ORDER DIRECTING PRISONER
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at Great Meadow Correctional Facility, 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 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 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 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 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
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-07277-LTS Document 4 Filed 09/07/21 Page 2 of 2
submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it
should be labeled with docket number 21-CV-7277 (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).
September 7, 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 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
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