Palmer v. United States of America

• Court: District Court, S.D. New York
• Decided: May 25, 2021
• Docket: 1:21-cv-04446
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK OSCAR PALMER, Plaintiff, 21-CV-4446 (LTS) -against- ORDER DIRECTING PRISONER AUTHORIZATION UNITED STATES OF AMERICA, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, currently incarcerated at Essex County Correctional Facility (ECCF), brings this action pro se.1 To proceed with a civil action in this Court, a prisoner must either pay $402.00 in fees – a $350.00 filing fee plus a $52.00 administrative fee – or, to request permission 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 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 fee2 from the prisoner’s account in installments and to send to this

1 On May 24, 2021, the Court severed Plaintiff’s claims arising in New Jersey and transferred them to the United States District Court for the District of New Jersey. (ECF No. 3.) On May 25, 2021, the Court severed Plaintiff’s claims against ECCF Director Alfaro Ortiz and transferred such claims as well. This order relates only to the case that remains pending in this district. 2 The $52.00 administrative fee for filing a civil action does not apply to persons granted IFP status under 28 U.S.C. § 1915. 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 an IFP application but did not submit this Court’s prisoner authorization form. If Plaintiff intends to proceed with the claims remaining in this Court,

Plaintiff must, within thirty days of the date of this order, either pay the $402.00 in fees or complete and submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it should be labeled with docket number 21-CV-4446 (LTS).3 The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 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 in forma pauperis 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: May 25, 2021 New York, New York

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

3 Plaintiff is cautioned that if a prisoner files an action that is dismissed as frivolous or for failing to state a claim, the dismissal is a “strike” under 28 U.S.C. § 1915(g). A prisoner who receives three “strikes” cannot file actions IFP as a prisoner, unless he is under imminent danger of serious physical injury, and must pay the filing fee at the time of filing any new action.