Renee Williams v. The Brooklyn Defenders, ET AL.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RENEE WILLIAMS, Plaintiff, 25-CV-7648 (LTS) -against- ORDER DIRECTING PRISONER AUTHORIZATION THE BROOKLYN DEFENDERS, ET AL., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who proceeds pro se, alleges that she is currently incarcerated in the Central New York Psychiatric Center (CNYPC).1 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.2 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 fee from the prisoner’s account in installments and to send to this Court In her IFP application, Plaintiff responds “Yes,” to the question whether she is incarcerated and writes in the address of CNYPC, which is a maximum-security forensic psychiatric hospital. Plaintiff also provides, however, a non-facility address as her mailing address.

2 The $55.00 administrative fee for filing a civil action does not apply to persons granted IFP status under 28 U.S.C. § 1915. certified copies of the prisoner’s account statements for the past six months. See 28 U.S.C. § 1915(a)(2), (b).

Plaintiff submitted an IFP application, but she did not submit a prisoner authorization.

Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or complete and submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it should be labeled with docket number 25-CV-7648 (LTS).

The IFP statute defines a “prisoner” as “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 and conditions of parole, probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h). If Plaintiff was not a prisoner, as defined under 28 U.S.C. § 1915(h), at the time she filed this action, she is directed to provide an explanation of her status on that date using the attached declaration form.

No summons shall issue at this time. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

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 17, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge