Sacchetti v. Dobbs Ferry Police Department 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 6/9/2022. In Forma Pauperis (IFP) Application due by 6/9/2022. Prisoner Authorization Form due by 6/9/2022. (Signed by Judge Laura Taylor Swain on 5/10/22) (Attachments: #1 Supplement ifp, #2 Supplement plra) (bl)

Case 1:22-cv-03793-LTS Document 2 Filed 05/10/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TOBIA SACCHETTI,
Plaintiff,
-againstDOBBS FERRY POLICE DEPARTMENT, et
al.,

22-CV-3793 (LTS)
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 the Westchester County Jail, 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).

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 1:22-cv-03793-LTS Document 2 Filed 05/10/22 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 22-CV-3793 (LTS). 2
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:

May 10, 2022
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 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.
2