De'Andre Kendrick v. Barns & Noble Book Store Inc.; Barns & Noble Book Club Inc.

Summary

The United States District Court for the Southern District of New York directs incarcerated plaintiff De’Andre Kendrick to either pay the required filing fees or submit a prisoner authorization to proceed in forma pauperis. The order sets a thirty-day deadline, explains installment payments under the Prison Litigation Reform Act, and warns that failure to comply will result in dismissal.

Holdings

1. A prisoner seeking to commence a civil action without prepayment of fees must submit both a signed IFP application and a prisoner authorization permitting collection of the filing fee from the prisoner's account in installments.
2. When a prisoner has not paid the required fees or submitted the required prisoner authorization, the court may allow a specified period for compliance and may dismiss the action if the prisoner fails to comply within that period.

Questions Presented

1. Whether a prisoner seeking to proceed in forma pauperis must submit a signed prisoner authorization in addition to an IFP application.
2. What procedural consequence should follow when a prisoner fails to submit the required authorization or pay the filing fees.

Disposition

other