1:21-cv-07338
S.D.N.Y.Sep 3, 2021Background
- Plaintiff Christopher Hiram Cano, a pro se detainee at the North Infirmary Command on Rikers Island, filed a civil action in the Southern District of New York against Christine Hanna et al.
- Plaintiff submitted an in forma pauperis (IFP) application but did not submit the required prisoner authorization form directing the facility to remit filing-fee installments and to provide six months of account statements.
- Statutory fee structure: $350 district-court filing fee plus a $52 administrative fee (total $402) if paid up front; the $52 administrative fee is waived for prisoners granted IFP, but the $350 filing fee remains and must be collected in installments under the PLRA.
- The Court ordered Plaintiff, within 30 days, to either pay the $402 total or complete and submit the prisoner authorization (marked with docket number 21-CV-7338); failure to comply will result in dismissal.
- The Clerk was directed to mail the order to Plaintiff and to note service; no summons will issue while the deficiency remains.
- The Court certified that any appeal would not be taken in good faith and therefore denied IFP status for the purpose of an appeal; the opinion also cautioned about §1915(g) "strike" consequences for frivolous dismissals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff may proceed IFP without a prisoner authorization | Cano submitted an IFP application seeking to proceed without prepayment | Not applicable / procedural requirement unmet | Court required either payment of fees or submission of the prisoner authorization within 30 days |
| What fees are due if plaintiff does not proceed IFP | Implicit: seeks waiver via IFP | Statutory fee structure requires $350 filing fee; $52 admin fee applies if not granted IFP | If paying up front, plaintiff must pay $402; if granted IFP, $52 is waived but $350 will be collected in installments under PLRA |
| Whether IFP status is allowed for appeal | Plaintiff did not establish good faith for appeal | N/A | Court certified any appeal would not be taken in good faith and denied IFP for appeal purposes |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue)