Almonte v. Noriega 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 10/7/2021. In Forma Pauperis (IFP) Application due by 10/7/2021. Prisoner Authorization Form due by 10/7/2021. (Signed by Judge Laura Taylor Swain on 9/7/2021) (Attachments: # 1 IFP application, # 2 prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.

Case 1:21-cv-07414-LTS Document 2 Filed 09/07/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JUAN CARLOS ALMONTE,
21-CV-7414 (LTS)

Plaintiff,
-againstV. NORIEGA, ET AL.,

ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION AND PRISONER
AUTHORIZATION

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at Sing Sing Correctional Facility, brings this
action pro se. 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 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 2 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).

1

Plaintiff already has two other pending actions. See Almonte v. Karth, ECF 1:21-CV06062, 1 (S.D.N.Y.); Almonte v. Geraci, ECF 1:21-CV-06960, 1 (S.D.N.Y.).
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.

Case 1:21-cv-07414-LTS Document 2 Filed 09/07/21 Page 2 of 2

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-7414 (LTS). 3
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 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:

September 7, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

3

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.
2