holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue
How later courts described this case
- holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MALIK L. BROWN,
Plaintiff,
21-CV-0214 (CM)
-against-
ORDER DIRECTING PRISONER
STEPHEN URBANSKI; ISSA YUNES; AUTHORIZATION
JOSEPH DEACON; MARK DELBLANCO,
Defendants.
COLLEEN McMAHON, Chief United States District Judge:
Plaintiff, currently incarcerated in Midstate 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 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 $52.00 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 but did not submit a prisoner authorization. Within
thirty days of the date of this order, Plaintiff must 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-0214 (CM).?
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.
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: January 14, 2021
New York, New York hie □ Wyk
COLLEEN McMAHON
Chief United States District Judge
? Plaintiff is cautioned that if a prisoner files a federal civil action that is dismissed as
frivolous or malicious, or for failing 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 federal civil action.