Mrabet v. Gurleski et al

Filing 4

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 4/9/2025. (Signed by Judge Laura Taylor Swain on 3/10/2025) (Attachments: #1 prisoner authorization) (keb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MOUNIR MRABET,
Plaintiff,
-againstMARK GURLESKI, NYPD Det. III, et al.,

25-CV-1952 (LTS)
ORDER DIRECTING PRISONER
AUTHORIZATION

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at MDC Brooklyn, brings this action pro se. To
proceed with a civil action in this Court, a prisoner must either prepay $402.00 in fees – a
$350.00 filing fee plus a $52.00 administrative fee – or, to request permission to proceed 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 fee 1 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 $52.00 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 $402.00 in fees or complete and
submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it
should be labeled with docket number 25-CV-1952. (LTS). 2
No summons shall issue at this time.. If Plaintiff fails to comply with this order within the
time allowed, the action will be dismissed without prejudice.
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 in forma pauperis 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 10, 2025
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 an action that is dismissed as frivolous or
for failing 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 in forma pauperis as a prisoner, unless he is under
imminent danger of serious physical injury, and must pay the filing fee at the time of filing any
new action.
2