Evans v. Juste 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 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 12/19/2022. In Forma Pauperis (IFP) Application due by 12/19/2022. Prisoner Authorization Form due by 12/19/2022. (Signed by Judge Laura Taylor Swain on 11/18/2022) (Attachments: #1 Supplement IFP, #2 Supplement Prisoner Authorization) (aan)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JAMES EARL EVANS, SR.,
Plaintiff,
-againstDR. D. JUSTE, ORANGE COUNTY JAIL
DENTIST, ET AL.,

22-CV-9767 (LTS)
ORDER DIRECTING PAYMENT OF FEES
OR IFP APPLICATION AND PRISONER
AUTHORIZATION

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at Orange 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.1 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 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).

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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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. If Plaintiff
submits the IFP application and prisoner authorization, they should be labeled with docket
number 22-CV-9767 (LTS).2
No answer shall be required 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:

November 18, 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 a federal civil action or appeal that is
dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon 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 he must pay the filing fees at the time of filing any new
action.
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