Ledesma v. Rikers Island Dept of Corrections ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELIAS LEDESMA, Plaintiff, 24-CV-2211 (LTS) -against- ORDER DIRECTING PRISONER RIKERS ISLAND DEPT. OF CORRECTIONS, AUTHORIZATION et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently detained at the Otis Bantum Correctional Center on Rikers Island, brings this action pro se. He submitted the complaint without payment of the filing fees or an application to proceed in forma pauperis (“IFP”) and a prisoner authorization. By order dated March 27, 2024, the Court directed Plaintiff to either pay the $405.00 in fees that are required to file a civil action in this court or submit, within 30 days, a completed IFP application and prisoner authorization. (ECF No. 4.) On April 20, 2024, the Court received from Plaintiff two IFP applications, but he did not submit a prisoner authorization. (ECF Nos. 5, 6.) Because Plaintiff proceeds in this matter pro se, the Court grants him another opportunity to submit a prisoner authorization. The Court therefore directs Plaintiff to pay the $405.00 in fees or submit the attached prisoner authorization within 30 days of the date of this order. 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 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). SO ORDERED. Dated: May 23, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge 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).