PS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

VIDAL MAURICE WHITLEY,

Plaintiff, ORDER v. 6:25-CV-06030 EAW

JUDGE MELISSA BARRETT, et al.,

Defendants.

Vidal Maurice Whitley (“Plaintiff”), a prisoner confined at the Monroe County Jail, filed a pro se complaint asserting claims under

. (Dkt. 1). Although he did not pay the filing fee, he did apply to proceed in forma pauperis (that is, as someone who should have the prepayment of the ordinary filing fee waived because he cannot afford it). (Dkt. 2). However, the application to proceed in forma pauperis is incomplete. Accordingly, the Clerk of Court shall administratively terminate this action. If Plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order and must include either (1) the required prison authorization form or (2) the $350.00 filing fee and the $55.00 administrative fee ($405.00 total). DISCUSSION A party commencing a civil action in this Court ordinarily must pay a $350.00 filing fee as well as a $55.00 administrative fee.1 See

; Judicial Conference

1 Effective May 1, 2013, the Judicial Conference of the United States added an administrative fee to the cost of filing a civil lawsuit in district court. See September 2012 Schedule of Fees, District Court Miscellaneous Fee Schedule;2 Western District of New York, District Court Schedule of Fees.3 If a “prisoner” (as defined in

(h)) wishes to commence a civil action, the prisoner must either (1) pay those fees or (2) obtain

permission to proceed in forma pauperis, under

. I. REQUIREMENTS FOR IN FORMA PAUPERIS APPLICATION

The Prison Litigation Reform Act of 1995,

Stat. 1321 (April 26, 1996), which amended

, established certain requirements that a prisoner must meet in order to proceed in forma pauperis. Those requirements are summarized below. A. Supporting Affidavit or Affirmation Under

(a)(1), a prisoner seeking to bring a civil action in forma pauperis must submit an affidavit or affirmation detailing the prisoner’s assets and liabilities and swearing under oath that the prisoner is unable to pay the $350.00 filing fee.

A motion to proceed in forma pauperis should be supported by such an affidavit or affirmation filed at the same time as the complaint.

Report of the Proceedings of the Judicial Conference of the United States, available at http://www.uscourts.gov/about-federal-courts/reports-proceedings-judicial-conference- us. But this additional administrative fee does not apply to prisoners who are granted permission to proceed in forma pauperis. See generally

Effective December 1, 2023, this fee was increased to $55.00. See https://www.uscourts.gov/services- forms/fees/district-court-miscellaneous-fee-schedule. 2 Available at http://www.uscourts.gov/services-forms/fees/district-court- miscellaneous-fee-schedule. 3 Available at http://www.nywd.uscourts.gov/fee-schedule. Plaintiff’s motion to proceed in forma pauperis includes the required affirmation, which sufficiently demonstrates his inability to prepay the filing fee. (Dkt. 2 at 1-2). B. Certification of Inmate Trust Fund Account

Under

(a)(2), a prisoner seeking to proceed in forma pauperis also must submit a certified copy of the prisoner’s inmate trust fund account statement (or an institutional equivalent) for the six months immediately before the prisoner’s complaint was filed. The prisoner must obtain this certified account statement from the appropriate official at each correctional facility where the prisoner was confined during that six-month

period. See

(a)(2). Alternatively, the prisoner may have prison officials complete and sign the “Prison Certification Section” of the Court’s form motion referred to above. In the “Prison Certification Section,” prison officials provide the information in the prisoner’s trust fund account statement required by

(a)(2). Petitioner’s motion to proceed in forma pauperis includes the required prison

certification section, which has been completed and signed by an authorized prison official. (Dkt. 2 at 2). C. Authorization Form A prisoner seeking to proceed in forma pauperis also is required to submit a signed authorization form,4 permitting the institution in which the prisoner is confined to pay— over time, if necessary—the $350.00 filing fee from the prisoner’s trust fund account (or

institutional equivalent). See

(b)(1)-(4). In other words, even if the

4 The Court has ordered that an authorization form be mailed to Plaintiff. The authorization form also is available at http://www.nywd.uscourts.gov/pro-se-forms. prisoner is granted in forma pauperis status, the prisoner must pay the full $350.00 filing fee in installments. See

(b)(1)-(2). The initial payment will be 20% of the average monthly deposits to the prisoner’s account or 20% of the average monthly

balance in the prisoner’s account for the six-month period immediately preceding the filing of the complaint, whichever is greater. See

(b)(1). For each month after that, as long as the amount in the prisoner’s account exceeds $10.00, the agency having custody of the prisoner will deduct from the prisoner’s account and forward to the Clerk of Court an installment payment equal to 20% of the preceding month’s income that was

credited to the prisoner’s account. See

(b)(2). Those payments continue until the $350.00 fee is paid in full.

Plaintiff’s motion to proceed in forma pauperis does not include a signed prison authorization form and, for this reason, it is incomplete. II. ADMINISTRATIVE TERMINATION OF THIS ACTION

Here, Plaintiff did not pay the $350.00 filing fee or the $55.00 administrative fee that ordinarily is required to commence a civil action. Although he filed the required affirmation of poverty and prison certification section, he did not submit a prison authorization form. Therefore, Plaintiff did not properly commence this action. The Clerk of Court shall administratively terminate this action5 without filing the complaint or

5 Such an administrative termination is not a “dismissal” for purposes of the statute of limitations. Therefore, if the case is reopened under the terms of this order, it is not subject to the statute of limitations time bar as long as it originally was timely filed. See Houston v. Lack,

(1988) (prisoner mailbox rule); McDowell v. Del. State assessing a filing fee, as ordered below. Plaintiff is granted leave to reopen this action no later than 30 days from the date of this Order. III. DEFERMENT OF SCREENING UNDER 28 UNITED STATES CODE SECTIONS 1915(E)(2) & 1915A The Court is required to screen civil actions filed by prisoners and dismiss them if they: (1) are frivolous or malicious; (2) fail to state a claim upon which relief may be

granted; or (3) seek monetary relief against a defendant who is immune from such relief. See

(e)(2)(B), 1915A(b); see also 42 U.S.C. § 1997e(c) (dismissal of prisoner actions brought with respect to prison conditions). Because Plaintiff did not properly commence this action, this Court will defer the mandatory screening process until this case is reopened—if, in fact, it is reopened. If this action is reopened and then

dismissed, installment payments of the filing fee under

will not be suspended, and the prisoner will not be permitted to obtain a refund of the filing fee or any part of it that already has been paid. ORDER

IT IS HEREBY ORDERED that Plaintiff’s application to proceed in forma pauperis (Dkt. 2) is DENIED without prejudice; and it is further ORDERED that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee; and it is further

Police,

(3d Cir. 1996); see also Williams-Guice v. Bd. of Educ.,

(7th Cir. 1995). ORDERED that the Clerk of Court is directed to send to Plaintiff a prison authorization form; and it is further ORDERED that if Plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than 30 days from the date of this Order. This writing must include either (1) the required prison authorization form or (2) the $350.00 filing fee and the $55.00 administrative fee ($405.00 total); and it is further ORDERED that upon Plaintiff's submission of either (1) the required prison authorization form or (2) the $350.00 filing fee and the $55.00 administrative fee ($405.00 total), the Clerk of Court shall reopen this case without further order. SO ORDERED. Dated: January 21, 2025 . Rochester, New York (| L_pee ELIZABETH 2 WOLRORS F-JUDGE UNITED STATES DISTRICT COURT