Automated Summary
Key Facts
Plaintiff Rudy Fleming, currently incarcerated at Green Haven Correctional Facility, filed a civil action pro se. Plaintiff submitted an IFP application but failed to submit the required prisoner authorization. The Court orders Plaintiff to either pay $405.00 in fees (comprising a $350.00 filing fee plus $55.00 administrative fee) or complete and submit the prisoner authorization within thirty days. If Plaintiff complies, the case will be processed; if Plaintiff fails to comply, the action will be dismissed. The Court also certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, denying IFP status for appeals.
Issues
The court must determine if the plaintiff has complied with the prisoner authorization requirements under 28 U.S.C. § 1915 to proceed with a civil action in forma pauperis. The plaintiff submitted an IFP application but failed to submit the required prisoner authorization, which is necessary for the Court to deduct filing fees from the prisoner's account in installments. Within thirty days, the plaintiff must either pay the $405.00 in fees or complete and submit the attached prisoner authorization, or the action will be dismissed.
Holdings
The Court ordered Plaintiff Rudy Fleming to either pay $405.00 in filing fees or submit a prisoner authorization form within thirty days to proceed in forma pauperis. The Court denied IFP status for appeal purposes and will dismiss the action if Plaintiff fails to comply with this order. The Prison Litigation Reform Act requires collection of the $350.00 filing fee in installments from the prisoner's account.
Legal Principles
28 U.S.C. § 1915 governs prisoner litigation fees and in forma pauperis procedures. Prisoners must either pay $405 in filing fees or submit a prisoner authorization to deduct fees in installments from their prison account. The court certifies under § 1915(a)(3) that appeals from this order would not be taken in good faith, citing Coppedge v. United States for the good faith standard in seeking review of nonfrivolous issues.
Precedent Name
Coppedge v. United States
Cited Statute
- 28 U.S.C. § 1915(a)(2), (b)
- 28 U.S.C. § 1915(a)(3)
- 28 U.S.C. §§ 1914, 1915
- 28 U.S.C. § 1915(b)(1)
- 28 U.S.C. § 1915(h)
- 28 U.S.C. § 1915(g)
Judge Name
Laura Taylor Swain
Passage Text
- Plaintiff, who is currently incarcerated at Green Haven Correctional Facility, 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 permission to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application and a prisoner authorization.
- 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).
- 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 $405.00 in fees or complete and submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it should be labeled with docket number 25-CV 8322 (LTS). 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.