Brown v. Doe

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

MARVIN BROWN,

Plaintiff, 25-CV-4523 (LTS)

-against- ORDER DIRECTING PAYMENT OF FEE

OR IFP APPLICATION AND PRISONER

DOE, AUTHORIZATION

Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff, who is currently detained in the West Facility Annex 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 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 30 days of the date of this order, Plaintiff must either pay the

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.

$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-4523 (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: June 5, 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.