Wright v. NYC Department of Corrections

District Court, S.D. New York

Wright v. NYC Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TANDIKA WRIGHT, Plaintiff, 25-CV-5167 (LTS) -against- ORDER DIRECTING PAYMENT OF FEES OR PRISONER AUTHORIZATION AND NYC DEPARTMENT OF CORRECTIONS, AMENDED IFP APPLICATION Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently detained at the Rose M. Singer Center 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 authorization 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 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 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).

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

. Plaintiff submitted the complaint without the filing fees or a completed prisoner authorization. Moreover, Plaintiff submitted an IFP application but it is incomplete because she did not respond to many of the questions. Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or submit the attached prisoner authorization and amended

IFP application. If Plaintiff submits the prisoner authorization and amended IFP application, they should be labeled with docket number 25-CV-5167 (LTS).2 No answer shall be required 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 24, 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 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 she is under imminent danger of serious physical injury, and she must pay the filing fees at the time of filing any new action.

Reference

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