McClellon v. Lemonade Insurance Company et al

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 12/26/2024. (Signed by Judge Laura Taylor Swain on 11/25/2024) (vn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DONTE MCCLELLON,
Plaintiff,
-againstLEMONADE INSURANCE COMPANY ET
AL,

24cv8617 (LTS)
ORDER DIRECTING PRISONER
AUTHORIZATION

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at FCI Otisville, brings this action pro se. To
proceed with a civil action in this Court, a prisoner must either pay $405.00 in fees – a $350.00
filing fee plus a $55.00 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. 1 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 fee 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).

1

The $55.00 administrative fee for filing a civil action does not apply to persons granted
IFP status under 28 U.S.C. § 1915.

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 $405.00 in fees or complete and
submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it
should be labeled with docket number 24-CV-8617 (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:

November 25, 2024
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 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.
2

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

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. 10/26/16

)

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