Cheng v. Garland
Filing
3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION AND PRISONER AUTHORIZATION: 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 23-CV-0229 (VSB). 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 Clerks 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, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 2/16/2023. In Forma Pauperis (IFP) Application due by 2/16/2023. Prisoner Authorization Form due by 2/16/2023. (Signed by Judge Vernon S. Broderick on 1/17/2023) (kv)
Case 1:23-cv-00229-VSB Document 3 Filed 01/17/23 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------X
:
SHENG-WEN CHENG
:
Plaintiff,
:
:
:
-against:
:
MERRICK GARLAND,
:
Defendant.
:
:
-----------------------------------------------------------X
23-CV-0229 (VSB)
ORDER DIRECTING PAYMENT OF
FEE OR IFP APPLICATION AND
PRISONER AUTHORIZATION
VERNON S. BRODERICK, United States District Judge:
Plaintiff, who is currently incarcerated at Federal Correctional Institution Sandstone in
Sandstone, Minnesota, 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 1:23-cv-00229-VSB Document 3 Filed 01/17/23 Page 2 of 5
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 23-CV-0229 (VSB). 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:
January 17, 2023
New York, New York
VERNON S. BRODERICK
United States District Judge
2
Plaintiff is cautioned that if a prisoner files a federal civil action that is dismissed as
frivolous or malicious, 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 filing fees at the time of filing any new action.
2
Case 1:23-cv-00229-VSB Document 3 Filed 01/17/23 Page 3 of 5
U NIT ED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK
(Full name(s) of the plaintiff or petitioner applying (each person
must submit a separate application)
CV
(
) (
)
(Enter case number and initials of assigned judges, if
available; if filing this with your complaint, you will not
yet have a case number or assigned judges.)
-against-
(Full name(s) of the defendant(s)/respondent(s).)
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS
I am a plaintiff/petitioner in this case and declare that I am unable to pay the costs of these proceedings and
I believe that I am entitled to the relief requested in this action. In support of this application to proceed in
forma pauperis (“IFP”) (without prepaying fees or costs), I declare that the responses below are true:
1.
Are you incarcerated?
I am being held at:
Yes
Do you receive any payment from this institution?
No
Yes
(If “No,” go to Question 2.)
No
Monthly amount:
If I am a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner
Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account
in installments and to send to the Court certified copies of my account statements for the past six
months. See 28 U.S.C. § 1915(a)(2), (b). I understand that this means that I will be required to pay the
full filing fee.
2. Are you presently employed?
Yes
No
If “yes,” my employer’s name and address are:
Gross monthly pay or wages:
If “no,” what was your last date of employment?
Gross monthly wages at the time:
3. In addition to your income stated above (which you should not repeat here), have you or anyone else
living at the same residence as you received more than $200 in the past 12 months from any of the
following sources? Check all that apply.
(a) Business, profession, or other self-employment
(b) Rent payments, interest, or dividends
SDNY Rev: 12/12/2014
Yes
Yes
No
No
Case 1:23-cv-00229-VSB Document 3 Filed 01/17/23 Page 4 of 5
(c) Pension, annuity, or life insurance payments
(d) Disability or worker’s compensation payments
(e) Gifts or inheritances
(f) Any other public benefits (unemployment, social security,
food stamps, veteran’s, etc.)
(g) Any other sources
Yes
Yes
Yes
No
No
No
Yes
No
Yes
No
If you answered “Yes” to any question above, describe below or on separate pages each source of
money and state the amount that you received and what you expect to receive in the future.
If you answered “No” to all of the questions above, explain how you are paying your expenses:
4.
How much money do you have in cash or in a checking, savings, or inmate account?
5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other
financial instrument or thing of value, including any item of value held in someone else’s name? If so,
describe the property and its approximate value:
6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly
expenses? If so, describe and provide the amount of the monthly expense:
7. List all people who are dependent on you for support, your relationship with each person, and how
much you contribute to their support (only provide initials for minors under 18):
8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed
and to whom they are payable:
Declaration: I declare under penalty of perjury that the above information is true. I understand that a false
statement may result in a dismissal of my claims.
Dated
Signature
Name (Last, First, MI)
Prison Identification # (if incarcerated)
Address
Telephone Number
City
State
E-mail Address (if available)
IFP Application, page 2
Zip Code
Case 1:23-cv-00229-VSB Document 3 Filed 01/17/23 Page 5 of 5
U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK
(full name of the plaintiff/petitioner)
CV
-against-
(
)(
(full name(s) of the defendant(s)/respondent(s))
PRISONER AUTHORIZATION
By signing below, I acknowledge that:
(1) because I filed this action as a prisoner, 1 I am required by statute (28 U.S.C. § 1915) to pay
the full filing fees for this case, even if I am granted the right to proceed in forma pauperis
(IFP), that is, without prepayment of fees;
(2) if I am granted IFP status, the full $350 filing fee will be deducted in installments from my
prison account, even if my case is dismissed or I voluntarily withdraw it.
I authorize the agency holding me in custody to:
(1) send a certified copy of my prison trust fund account statement for the past six months
(from my current institution or any institution in which I was incarcerated during the past
six months);
(2) calculate the amounts specified by 28 U.S.C. § 1915(b), deduct those amounts from my
prison trust fund, and disburse those amounts to the Court.
This authorization applies to any agency into whose custody I may be transferred and to any
other district court to which my case may be transferred.
Date
Signature
Prison Identification #
Name (Last, First, MI)
Address
1
City
State
Zip Code
A “prisoner” is “any person incarcerated or detained in any facility who is accused of, convicted of,
sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions of
parole, probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h).
SDNY Rev. 8/5/15
)
(Provide docket number, if available; if filing this with your
complaint, you will not yet have a docket number.)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?