Cano v. United States of America/Corporate America

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER HIRAM CANO, Plaintiff, 21-CV-9165 (LTS) -against- ORDER DIRECTING PRISONER UNITED STATES OF AMERICA / AUTHORIZATION CORPORATE AMERICA, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: 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.1 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 fee2 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).

Plaintiff,3 who is currently detained at the Robert N. Davoren Center on Rikers Island, filed this action pro se on November 4, 2021. Because Plaintiff filed this action without a prisoner authorization form, by order dated April 5, 2022, the Court directed Plaintiff, within thirty days, to submit a completed and signed prisoner authorization form. (ECF No. 4.) The Clerk of Court mailed the order to Plaintiff at the Anna M. Kross Center on Rikers Island, her address of record at the time. On March 30, 2022, the order mailed to Plaintiff was returned to the court marked, “Inmate DISC xSH 3/30.”

By order dated August 31, 2022, the Court directed Plaintiff, within thirty days, to update her address of record, and that order warned Plaintiff that failure to update her address would result in the Court dismissing the action without prejudice for failure to prosecute. (ECF No. 8.)

Having received no response from Plaintiff, by order dated October 5, 2022, the Court dismissed this action without prejudice. (ECF No. 9.)

On August 18, 2023, Plaintiff filed an amended complaint with attachments, totaling 246 pages, (ECF No. 12), and a motion for reconsideration, (ECF No. 13). Plaintiff asserts that she “did not failed [sic] to prosecute, that she was malicious[ly] prevented from prosecuting the case by defendants, Plaintiff did try to initiate further contact with the Court through written communication but was maliciously tampered by the defendants.” (ECF No. 13 at 2.) By order dated January 17, 2024, the Court granted Plaintiff’s request for reconsideration and vacated its October 5, 2022 order of dismissal and civil judgment and directed the Clerk of Court to reopen this case. (ECF No. 15.)

Because Plaintiff did not comply with the Court’s April 5, 2022 order directing her to submit a completed and signed 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 21-CV-9165 (LTS).4 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: June 26, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (full name of the plaintiff/petitioner) CV C JC) -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,! I am required by statute (28 U.S.C. § 1915) to pay the full filing fees for this case, even if 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 “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).