UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK APOLINAR ROQUE, Plaintiff, 23-CV-6906 (LTS) -against- ORDER DIRECTING ORIGINAL ANTHONY ANNUCCI, Commissioner, NYS SIGNATURE AND PAYMENT OF FEES DOCCS; JOSEPH SERGEANT; JOHN DOE, OR IFP APPLICATION AND PRISONER Officer in Charge; JOHN DOE, Escorting AUTHORIZATION Officer, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at Sing Sing Correctional Facility, brings this action pro se. 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 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.1 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 fee from the prisoner’s account in installments and to send to the Court
1 The $52.00 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 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
the $402.00 in fees or submit the attached IFP application and prisoner authorization. If Plaintiff submits the IFP application and prisoner authorization, they should be labeled with docket number 23-CV-6906 (LTS).2 Moreover, Plaintiff submitted the complaint without his signature. Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name – or by a party personally if the party is unrepresented.” See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require “as it did in John Hancock’s day, a name handwritten (or a mark handplaced).” Becker v. Montgomery, 532 U.S. 757, 764 (2001). Plaintiff is directed to resubmit to the Court the signature page of the complaint, with an
original signature, within thirty days of the date of this order. A copy of the signature page is attached to this order. No summons shall be issued 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.
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. 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: August 11, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge Woe □□□ HID Geng | of Plaintiff No 7 Signature of Plaintiff No 8 WHITE, G. 18342663 BROOKS, B. 11A5244 Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter -Street 354 Hunter Street Ossining, New York 10562 Ossining, New 10562
Sighatire of Plaintiff No 9 © ole Plaintiff No 10 LIND, E. 16A1235 WILLIAMS, T. 05A5627 Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 Ossining, New York 10562 hela 2% Signature’ 9f Plaintiff No 11 Signature of Plaintiff No 12 DEJESUS, H. O5A4527 ROQUE, A.. G8A4179 □ Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 , Ossining, New York 10562 @ Signature of Plaintiff No 13 -Signatu oO jaintiff No 14 CORBIN, R. 92A0414 OVERTON, T. G3A2498 Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 . Ossining, New York 10562 AWE DeAhord □□□ □□ Signature of Plaintiff No 15 . Signature of Plaintiff No 16 MARTINEZ, A. 17A513? Ee WREGHT, D GbR Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 . Ossining, New York 10562
Signature of Plaintiff No 1? Signature of Plaintiff No 18 ScoTT, C. 1580299 CRANE, M. 15B1683 Sing Sing Corr. Facility — Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 Ossining, New York 10562 -——F CLL Signature of Plaintiff No 19 Signature of Plaintiff No 20 BUSSEY, K. 97A5310 PEK, E. 16A1825 Sing Sing Corr. Facility Sing Sing Corr. Facitity 354 Hunter Street 354 Hunter Street Ossining, New York 10562 Ossining, New York 10562
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
(full name of the plaintiff or petitioner applying (each person must submit a separate application)) CV C J) ¢€ -against- (Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.)
(full name(s) of the defendant(s)/respondent(s)) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS Iam a plaintiff/ petitioner in this case and declare that Iam unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? L] Yes [] No (If”No,” go to Question 2.) Iam being held at: Do you receive any payment from this institution? [_] Yes L] No Monthly amount: If lam a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months. See 28 U.S.C.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK APOLINAR ROQUE, Plaintiff, 23-CV-6906 (LTS) -against- ORDER DIRECTING ORIGINAL ANTHONY ANNUCCI, Commissioner, NYS SIGNATURE AND PAYMENT OF FEES DOCCS; JOSEPH SERGEANT; JOHN DOE, OR IFP APPLICATION AND PRISONER Officer in Charge; JOHN DOE, Escorting AUTHORIZATION Officer, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at Sing Sing Correctional Facility, brings this action pro se. 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 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.1 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 fee from the prisoner’s account in installments and to send to the Court
1 The $52.00 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 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
the $402.00 in fees or submit the attached IFP application and prisoner authorization. If Plaintiff submits the IFP application and prisoner authorization, they should be labeled with docket number 23-CV-6906 (LTS).2 Moreover, Plaintiff submitted the complaint without his signature. Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name – or by a party personally if the party is unrepresented.” See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require “as it did in John Hancock’s day, a name handwritten (or a mark handplaced).” Becker v. Montgomery, 532 U.S. 757, 764 (2001). Plaintiff is directed to resubmit to the Court the signature page of the complaint, with an
original signature, within thirty days of the date of this order. A copy of the signature page is attached to this order. No summons shall be issued 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.
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. 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: August 11, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge Woe □□□ HID Geng | of Plaintiff No 7 Signature of Plaintiff No 8 WHITE, G. 18342663 BROOKS, B. 11A5244 Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter -Street 354 Hunter Street Ossining, New York 10562 Ossining, New 10562
Sighatire of Plaintiff No 9 © ole Plaintiff No 10 LIND, E. 16A1235 WILLIAMS, T. 05A5627 Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 Ossining, New York 10562 hela 2% Signature’ 9f Plaintiff No 11 Signature of Plaintiff No 12 DEJESUS, H. O5A4527 ROQUE, A.. G8A4179 □ Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 , Ossining, New York 10562 @ Signature of Plaintiff No 13 -Signatu oO jaintiff No 14 CORBIN, R. 92A0414 OVERTON, T. G3A2498 Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 . Ossining, New York 10562 AWE DeAhord □□□ □□ Signature of Plaintiff No 15 . Signature of Plaintiff No 16 MARTINEZ, A. 17A513? Ee WREGHT, D GbR Sing Sing Corr. Facility Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 . Ossining, New York 10562
Signature of Plaintiff No 1? Signature of Plaintiff No 18 ScoTT, C. 1580299 CRANE, M. 15B1683 Sing Sing Corr. Facility — Sing Sing Corr. Facility 354 Hunter Street 354 Hunter Street Ossining, New York 10562 Ossining, New York 10562 -——F CLL Signature of Plaintiff No 19 Signature of Plaintiff No 20 BUSSEY, K. 97A5310 PEK, E. 16A1825 Sing Sing Corr. Facility Sing Sing Corr. Facitity 354 Hunter Street 354 Hunter Street Ossining, New York 10562 Ossining, New York 10562
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
(full name of the plaintiff or petitioner applying (each person must submit a separate application)) CV C J) ¢€ -against- (Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.)
(full name(s) of the defendant(s)/respondent(s)) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS Iam a plaintiff/ petitioner in this case and declare that Iam unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? L] Yes [] No (If”No,” go to Question 2.) Iam being held at: Do you receive any payment from this institution? [_] Yes L] No Monthly amount: If lam a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months. See 28 U.S.C. § 1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee. 2, Are you presently employed? L] Yes L] No If “yes,” my employer’s name and address are:
Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. In addition to your income stated above (which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment L] Yes L] No (b) Rent payments, interest, or dividends L] Yes [] No
SDNY Rev: 8/5/2015
(c) Pension, annuity, or life insurance payments L] Yes [] No (d) Disability or worker’s compensation payments L] Yes [] No (e) Gifts or inheritances [] Yes [] No (f) Any other public benefits (unemployment, social security, C Yes CO No food stamps, veterans, etc.) (g) Any other sources L] Yes L] No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.
If you answered “No” to all of the questions above, explain how you are paying your expenses:
4. How much money do you have in cash or in a checking, savings, or inmate account?
5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value:
6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? If so, describe and provide the amount of the monthly expense:
7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18):
8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed and to whom they are payable:
Declaration: I declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims.
Dated Signature
Name (Last, First, MI) Prison Identification # {if incarcerated)
Address City State Zip Code
Telephone Number E-mail Address (if available)
IFP Application, page 2
(full name of the plaintiff/petitioner) CV C JC) -against- (Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.)
(full name(s) of the defendant(s)/respondent(s)) PRISONER AUTHORIZATION By signing below, I acknowledge that: (1) because I filed this action as a prisoner,! I am required by statute (28 U.S.C. § 1915) to pay the full filing fees for this case, even if I am granted the right to proceed in forma pauperis (IFP), that is, without prepayment of fees; (2) if lam granted IFP status, the full $350 filing fee will be deducted in installments from my prison account, even if my case is dismissed or I voluntarily withdraw it. I authorize the agency holding me in custody to: (1) send a certified copy of my prison trust fund account statement for the past six months (from my current institution or any institution in which I was incarcerated during the past six months); (2) calculate the amounts specified by 28 U.S.C. § 1915(b), deduct those amounts from my prison trust fund, and disburse those amounts to the Court. This authorization applies to any agency into whose custody I may be transferred and to an PP y agency y y other district court to which my case may be transferred.
Date Signature
Name (Last, First, Ml) Prison Identification #
“prisoner” is “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 or conditions of parole, probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h).