Mouzon v. United States of America

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBBIE MOUZON, Plaintiff, 23-CV-10911 (LTS) -against- ORDER DIRECTING ORIGINAL SIGNATURE AND PRISONER UNITED STATES OF AMERICA, et al., AUTHORIZATION Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. Rule 11(a) of the Federal Rules of Civil Procedure provides 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.”

See also Local Civil Rule 11.1(a). The Supreme Court 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).

In addition, 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 to proceed in forma pauperis (“IFP”), that is, without prepayment of the filing 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 fee1 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).

Plaintiff submitted the complaint with an unsigned IFP application and without a prisoner authorization. Within thirty days of the date of this order, Plaintiff is directed to resubmit to the court the signature page of the IFP application with an original signature and a completed and signed prisoner authorization. A copy of the signature page of the IFP application and a prisoner authorization are attached to this order.

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: December 26, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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. (c) Pension, annuity, or life insurance payments [] Yes [X] No (d) Disability or worker’s compensation payments L] Yes [x] No (e) Gifts or inheritances [xX] Yes [] No (f) Any other public benefits (unemployment, social security, food stamps, veteran’s, etc.) O Yes [x] No (g) Any other sources L] Yes [x] 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. $50.00 a month from brother.

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? none 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: N/A 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: N/A 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): N/A 8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed and to whom they are payable: $2,000 fine that I pay every month of $25.00 in FRP payments 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 Mouzon Robbie L. 21670-021 (Last, First, MI) Prison Identification # (ifinearcerated) FCI Otisville Otisville N.Y. 10963 Address City State Zip Code Telephone Number E-mail Address (if available) IFP Application, page 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

(full name of the plaintiff/petitioner) CV ( ) ( ) -against- (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)) 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 Name (Last, First, MI) Prison Identification # Address City State Zip Code

1 A “prisoner” is “any person incarcerated or detained in any facility who is accused of, convicted of,