Nasean Bonie v. Sergeant Newtown, et al.
District Court, S.D. New York
Nasean Bonie v. Sergeant Newtown, et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NASEAN BONIE,
Plaintiff, 25-CV-8712 (LTS)
-against- ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION AND PRISONER
SERGEANT NEWTOWN, ET AL., AUTHORIZATION
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is currently incarcerated at Green Haven Correctional Facility, 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. 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 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 without the filing fees or a completed IFP application
and prisoner authorization. Within thirty days of the date of this order, Plaintiff must either pay
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.
the $405.00 in fees or submit the attached IFP application and prisoner authorization forms. If
Plaintiff submits the IFP application and prisoner authorization, they should be labeled with
docket number 25-CV-8712 (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: October 28, 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 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
- Status
- Unknown