Alli v. Renee et al

Filing 3

ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the fees to bring this action 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 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).Fees due by 12/17/2021. In Forma Pauperis (IFP) Application due by 12/17/2021. Prisoner Authorization Form due by 12/17/2021. (Signed by Judge Laura Taylor Swain on November 17, 2021) (Attachments: #1 IFP applicaiton, #2 Prisoner Authorization) (jjg) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UMAR ALLI,
1:21-CV-9470 (LTS)

Plaintiff,
-againstG.R.V.C. WARDEN RENEE, et al.,

ORDER DIRECTING PAYMENT OF FEES
OR IFP APPLICATION AND PRISONER
AUTHORIZATION

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, currently held in the Robert N. Davoren Complex on Rikers Island, 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 prison trust fund account. See
§ 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 prison trust fund 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 prison trust fund account in installments and
to send to the court certified copies of the prisoner’s prison trust fund account statements for the
past six months. See § 1915(a)(2), (b).

1

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

Plaintiff submitted the complaint without the fees to bring this action 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 complete, sign, and 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 1:21-CV-9470 (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, this action
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, this 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 IFP 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:

November 17, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

2

Plaintiff is cautioned that if a prisoner files a federal civil action or appeal that is
dismissed as malicious, frivolous, or for failure to state a claim on which relief may be granted,
the dismissal is a “strike” under 28 U.S.C. § 1915(g). A prisoner who receives three “strikes”
cannot file federal civil actions IFP as a prisoner, unless he is under imminent danger of serious
physical injury, and must pay the relevant fees at the time of filing any new federal civil action.
2