David M. Trotman v. Warden NYC DOC, et al.

District Court, S.D. New York

David M. Trotman v. Warden NYC DOC, et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID M. TROTMAN, Plaintiff, 25-CV-9037 (LTS) -against- ORDER DIRECTING AMENDED IFP APPLICATION AND PRISONER WARDEN NYC DOC, et al., AUTHORIZATION Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at the George R. Vierno 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 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,” 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 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 an IFP application and a prisoner authorization, but the forms are handwritten and do not authorize the correct deductions. Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or complete and submit the attached amended IFP application and amended prisoner authorization. If Plaintiff submits the documents, they should be labeled with docket number 25-CV-9037 (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 31, 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 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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