Smith v. Municipality of The City

District Court, S.D. New York

Smith v. Municipality of The City

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHAUN SMITH, Plaintiff, 25-CV-2497 (LTS) -against- ORDER DIRECTING AMENDED IN FORMA PAUPERIS APPLICATION MUNICIPALITY OF THE CITY, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at the North Infirmary Command on Rikers Island, 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” form.2 Plaintiff submitted an IFP application, but the second page, which should include Plaintiff’s signature, is missing. Within thirty days of the date of this order, Plaintiff must either

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

. 2 The prisoner authorization 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). pay the $405.00 in fees or complete and submit the attached Amended IFP Application. If Plaintiff submits the Amended IFP Application, it should be labeled with docket number 25-CV- 2497 (LTS).3 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: March 27, 2025 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

3 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.

Reference

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