Williams v. Smith

Filing 6

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 8/31/2022. (Signed by Judge Laura Taylor Swain on 8/1/2022) (Attachments: #1 Supplement Prisoner Authorization) (aan)

Case 1:22-cv-06482-LTS Document 6 Filed 08/01/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARQUISE WILLIAMS,
Plaintiff,
-againstMARQUIS SMITH,

22-CV-6482 (LTS)
ORDER DIRECTING PRISONER
AUTHORIZATION

Defendant.
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
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 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 fee1 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.
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Case 1:22-cv-06482-LTS Document 6 Filed 08/01/22 Page 2 of 2

submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it
should be labeled with docket number 22-CV-6482 (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 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:

August 1, 2022
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
malicious, or fails 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 IFP as a prisoner, unless the prisoner 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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