Opinion

Persaud

Court
District Court, S.D. New York
Filed
Jun 3, 2026
Cited by
0 cases
Authority
More cited than 41.7%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

RAMPERSAUD PERSAUD,

Plaintiff,

26-CV-4601 (LTS)

-against-

ORDER DIRECTING PRISONER

CITY OF NEW YORK, DR. JOHN DOE, DR.

AUTHORIZATION

BROWN, and DEPARTMENT OF

CORRECTIONS,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff, who is currently incarcerated at Rikers Island, 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 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 fee1 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 with his complaint 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 26-CV-4601 (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 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: June 3, 2026

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 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 in forma pauperis 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.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

(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 am granted the right to proceed in forma pauperis

(IFP), that is, without prepayment of fees;

(2) 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 any

other district court to which my case may be transferred.

Date Signature

Name (Last, First, MI) Prison Identification #

Address City State Zip Code

“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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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