Nickholas Knight, Sr. v. United States; Westchester County Superior Court;...

District Court, S.D. New York

Nickholas Knight, Sr. v. United States; Westchester County Superior Court;...

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NICKHOLAS KNIGHT, SR., Plaintiff, -against- 25-CV-7550 (LTS) UNITED STATES; WESTCHESTER ORDER DIRECTING PAYMENT OF FEE COUNTY SUPERIOR COURT; OR IFP APPLICATION WESTCHESTER COUNTY D.O.C.; HASTING POLICE DEPARTMENT; LEGAL AID SOCIETY, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently detained at the Westchester County Jail, brings this action pro se. Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. 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 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. 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

1 The $55.00 administrative fee for filing a civil action does not apply to persons granted 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 a prisoner authorization but without a completed IFP application. Within thirty days of the date of this order, Plaintiff must either pay the $405.00

in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 25-CV-7550 (LTS).2 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: September 12, 2025 New York, New York

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

IFP status under

28 U.S.C. § 1915

. 2 Plaintiff is cautioned that if a prisoner files a federal civil action that is dismissed as frivolous or malicious, or for failure to state a claim on 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 must pay the filing fees at the time of filing any new action.

Reference

Full Case Name
Nickholas Knight, Sr. v. United States; Westchester County Superior Court; Westchester County D.O.C.; Hasting Police Department; Legal Aid Society
Status
Unknown