Laurence v. Federal Bureau of Prisons
1:20-cv-00072
S.D.N.Y.Jan 8, 2020Background:
- Plaintiff (pro se), incarcerated at USP Leavenworth, filed a civil complaint in SDNY without paying filing fees or submitting an IFP application and prisoner authorization.
- Statutory scheme: to proceed a prisoner must pay $400 (or, to proceed IFP, file a signed IFP form and a prisoner authorization directing the prison to remit the $350 filing fee in installments and to provide six months of trust-account statements).
- Plaintiff failed to provide the required IFP form and prisoner authorization directing deductions and account-certifications.
- The Court directed Plaintiff to either pay the $400 or submit the completed IFP application and prisoner authorization within 30 days, labeled with docket no. 20-CV-0072, and warned that failure to comply would result in dismissal.
- The Clerk was ordered to assign the matter to the judge’s docket and mail the order to Plaintiff; no summons would issue at this time.
- The Court certified that any appeal from this order would not be taken in good faith and thus denied IFP status for the purpose of an appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff may proceed without paying fees or filing IFP/prisoner authorization | Laurence submitted the complaint but provided no fees or IFP/prisoner authorization | Court must enforce statutory filing/IFP procedures for prisoners | Court ordered Laurence to pay $400 or submit IFP and prisoner authorization within 30 days or face dismissal |
| Whether a prisoner must submit a prisoner authorization and six months of trust-account statements to obtain IFP | Laurence did not provide those documents (implicitly seeks to proceed without them) | Statutory requirement: prisoner authorization directs deductions and requires certified six-month account statements | Court required submission of prisoner authorization and account statements as part of IFP process |
| Whether IFP status should be granted for appeal (good-faith certification) | Laurence might seek IFP for appeal | Under Coppedge standard, appeals of frivolous matters are not in good faith | Court certified any appeal would not be taken in good faith and denied IFP for appeal |
Key Cases Cited:
- Coppedge v. United States, 369 U.S. 438 (1962) (holding that an appellant demonstrates good faith for appeal when seeking review of a nonfrivolous issue)