Trowell v. City of New York

Filing 6

ORDER: The Court grants Plaintiff leave to submit, within 30 days, a signed and completed amended complaint. Plaintiff must also either pay the $405.00 in fees or submit a completed and signed IFP application and prisoner authorization within t hat period of time. No summonses 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 a llowed, 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. (Signed by Judge Laura Taylor Swain on 3/25/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RAMZIDDIN TROWELL,
Plaintiff,
-against-

24-CV-1771 (LTS)
ORDER

CITY OF NEW YORK,
Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff, who currently is incarcerated at Sing Sing Correctional Facility, filed this matter
pro se. For the reasons discussed below, within 30 days of the date of this order, Plaintiff must
submit (1) a completed signed amended complaint, and (2) either pay the $405.00 in fees – a
$350.00 filing fee plus a $55.00 administrative fee – that are required to file a civil action in this
court or, to request authorization to proceed in forma pauperis (“IFP”), submit a signed IFP
application and a prisoner authorization. See 28 U.S.C. §§ 1914, 1915.
On March 5, 2024, the court received from Plaintiff a packet of papers, which includes
documents for three different cases, and the following: (1) an unsigned five-page statement that
was labeled as a complaint, but neither contains a caption nor names any defendants; (2) an
application for the court to request pro bono counsel; (3) a change of address form; (4) a motion
without a docket number in which Plaintiff requests an investigation of unidentified defendants;
and (5) a motion purportedly in opposition to unidentified defendants’ motion to waive summons
and complaint, again without a docket number. Both Plaintiff’s motion and opposition papers
reference his recently dismissed case, Trowell v. Fledar, No. 23-CV-9507 (LTS) (S.D.N.Y. Jan. 8,
2024), and his two pending cases in this court, Trowell v. Ellis, No. 23-CV-9832 (JGLC), and
Trowell v. Whitefield, No. 23-CV-9789 (DEH) (BCM). The Clerk’s Office opened Plaintiff’s

five-page statement as a complaint against the City of New York and assigned it docket number
24-CV-1771. (ECF 1.) Because Plaintiff did not provide specific docket numbers for his other
submissions, the Clerk’s Office also docketed in the new action Plaintiff’s application for pro
bono counsel, change of address form, motion for an investigation, and opposition papers to the
alleged motion for waiver of summons and complaint. (ECF 2-5.)
After reviewing the five-page statement and other submissions, it is unclear whether
Plaintiff intended to file a new civil action in this court. In the five-page statement, Plaintiff
largely reiterates allegations from the three actions he previously filed, and his references to
those cases in the motion and opposition papers suggest that he may have been attempting to file
his submissions in those cases. Furthermore, unlike his prior cases, which were submitted with
IFP applications and prisoner authorizations, Plaintiff did not submit the papers as a new civil
action with an IFP application and prisoner authorization.
If Plaintiff intends to file a new civil action in this court, the Court directs him to submit
an amended complaint with an original signature to the court within 30 days of the date of this
order. 1 If Plaintiff submits the amended complaint, it should be labeled with docket number 24CV-1771 (LTS), and be fully completed with the names of the defendants and a statement of his
claims. 2 If Plaintiff wishes to file any document in his other pending cases, he must submit such

1

Rule 11(a) of the Federal Rules of Civil Procedure states that “[e]very pleading, written
motion, and other paper must be signed by at least one attorney of record in the attorney’s name
– or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a); see Local Civil
Rule 11.1(a). The Supreme Court of the United States has interpreted Rule 11(a) to require “as it
did in John Hancock’s day, a name handwritten (or a mark handplaced).” Becker v. Montgomery,
532 U.S. 757, 764 (2001).
2

Rule 8(a) of the Federal Rules of Civil Procedure provides that a complaint contain
“(1) a short and plain statement of the grounds for the court’s jurisdiction . . . ; (2) a short and
plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for
2

papers to the court with the name of the defendant(s) and the docket number of the appropriate
case clearly listed in the caption of each document. 3
Furthermore, if Plaintiff intends to proceed with a new civil action he must pay the
$405.00 filing fees or submit a completed and signed IFP application and prisoner authorization. 4
If Plaintiff submits the IFP application and prisoner authorization, they should be labeled with
docket number 24-CV-1771 (LTS). 5
CONCLUSION
The Court grants Plaintiff leave to submit, within 30 days, a signed and completed
amended complaint. Plaintiff must also either pay the $405.00 in fees or submit a completed and
signed IFP application and prisoner authorization within that period of time. No summonses 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 relief sought, which may include relief in the alternative or different types of relief.” Fed. R.
Civ. P. 8(a).
3

The caption is located on the front page of any submission to the court.

4

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 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 § 1915(a)(2), (b).
5

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.
3

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:

March 25, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

4

U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK

_____CV_______________
(Include case number if one has been
assigned)

Write the full name of each plaintiff.

AMENDED

-against-

COMPLAINT
(Prisoner)
Do you want a jury trial?
☐ Yes
☐ No

Write the full name of each defendant. If you cannot fit the
names of all of the defendants in the space provided, please
write “see attached” in the space above and attach an
additional sheet of paper with the full list of names. The
names listed above must be identical to those contained in
Section IV.

NOTICE
The public can access electronic court files. For privacy and security reasons, papers filed
with the court should therefore not contain: an individual’s full social security number or full
birth date; the full name of a person known to be a minor; or a complete financial account
number. A filing may include only: the last four digits of a social security number; the year of
an individual’s birth; a minor’s initials; and the last four digits of a financial account number.
See Federal Rule of Civil Procedure 5.2.

Rev. 5/20/16

I.

LEGAL BASIS FOR CLAIM

State below the federal legal basis for your claim, if known. This form is designed primarily for
prisoners challenging the constitutionality of their conditions of confinement; those claims are
often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or in a
“Bivens” action (against federal defendants).

☐ Violation of my federal constitutional rights
☐ Other:
II.

PLAINTIFF INFORMATION

Each plaintiff must provide the following information. Attach additional pages if necessary.

First Name

Middle Initial

Last Name

State any other names (or different forms of your name) you have ever used, including any name
you have used in previously filing a lawsuit.
Prisoner ID # (if you have previously been in another agency’s custody, please specify each agency
and the ID number (such as your DIN or NYSID) under which you were held)
Current Place of Detention
Institutional Address

County, City

III.

State

Zip Code

PRISONER STATUS

Indicate below whether you are a prisoner or other confined person:

☐
☐
☐
☐
☐

Pretrial detainee
Civilly committed detainee
Immigration detainee
Convicted and sentenced prisoner
Other:

Page 2

IV.

DEFENDANT INFORMATION

To the best of your ability, provide the following information for each defendant. If the correct
information is not provided, it could delay or prevent service of the complaint on the defendant.
Make sure that the defendants listed below are identical to those listed in the caption. Attach
additional pages as necessary.
Defendant 1:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 2:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 3:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 4:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code
Page 3

V.

STATEMENT OF CLAIM

Place(s) of occurrence:

Date(s) of occurrence:
FACTS:

State here briefly the FACTS that support your case. Describe what happened, how you were
harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach
additional pages as necessary.

Page 4

INJURIES:

If you were injured as a result of these actions, describe your injuries and what medical treatment,
if any, you required and received.

VI.

RELIEF

State briefly what money damages or other relief you want the court to order.

Page 5

VII.

PLAINTIFF’S CERTIFICATION AND WARNINGS

By signing below, I certify to the best of my knowledge, information, and belief that: (1) the
complaint is not being presented for an improper purpose (such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law
or by a nonfrivolous argument to change existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a
reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise
complies with the requirements of Federal Rule of Civil Procedure 11.
I understand that if I file three or more cases while I am a prisoner that are dismissed as
frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in
future cases.
I also understand that prisoners must exhaust administrative procedures before filing an action
in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be
dismissed if I have not exhausted administrative remedies as required.
I agree to provide the Clerk's Office with any changes to my address. I understand that my
failure to keep a current address on file with the Clerk's Office may result in the dismissal of my
case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to
proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated
First Name

Plaintiff’s Signature
Middle Initial

Last Name

Prison Address
County, City

State

Zip Code

Date on which I am delivering this complaint to prison authorities for mailing:

Page 6

U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK

(full name of the plaintiff or petitioner applying (each person
must submit a separate application))

-against-

CV

(

) (

)

(Provide docket number, if available; if filing this with
your complaint, you will not yet have a docket number.)

(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?

Yes

No

(If “No,” go to Question 2.)

I am being held at:
Do you receive any payment from this institution?

Yes

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: 8/5/2015

Yes
Yes

No
No

(c) Pension, annuity, or life insurance payments

Yes

No

(d) Disability or worker’s compensation payments

Yes

No

(e) Gifts or inheritances
(f) Any other public benefits (unemployment, social security,
food stamps, veteran’s, etc.)
(g) Any other sources

Yes

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

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) 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

City

State

Zip Code

ġ
1

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. 10/26/16

)

(Provide docket number, if available; if filing this with your
complaint, you will not yet have a docket number.)