Gardner v. Miller, 1:25-cv-04970

Daquan Gardner, an incarcerated plaintiff at Coxsackie Correctional Facility, filed a pro se civil action in the Southern District of New York.
Gardner submitted the complaint without paying the filing fees or including a completed in forma pauperis (IFP) application and prisoner authorization.
The Court requires either payment of $405.00 ($350 filing fee + $55 admin fee) or a properly completed IFP application and prisoner authorization for prisoner plaintiffs to proceed.
If granted IFP status, the fee (excluding the admin fee) is collected via installment deductions from the prisoner’s account by the correctional facility.
Failure to comply with the payment or IFP application requirement within 30 days will result in dismissal of the case.
The order also notes that appeals would not be taken in good faith, denying IFP status for appeal purposes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Gardner can proceed without paying fees	Gardner seeks to file as pro se, did not pay fees or file IFP application	Not present; administrative action	Gardner must pay fee or submit IFP application
Requirements under Prison Litigation Reform Act	Gardner did not submit required documentation	Not present; administrative action	Prisoners must file both IFP and authorization
Consequence for failing to comply	Gardner did not address	Not present; administrative action	Dismissal if no compliance in 30 days
IFP status for appeal purposes	Gardner did not request	Not present; administrative action	Denied; appeal not taken in good faith

Coppedge v. United States, 369 U.S. 438 (1962) (clarifies standard for good faith in appeals from IFP denials)