Horton v. Superintendent Mark Miller, et al.

Summary

The Southern District of New York directs an incarcerated pro se plaintiff to either pay the filing fees or submit a completed prisoner authorization specifying deductions from his prison account. The order explains the requirements for proceeding in forma pauperis under 28 U.S.C. § 1915 and warns that failure to comply within thirty days will result in dismissal.

Holdings

1. A prisoner seeking to proceed without prepayment of fees must submit a prisoner authorization directing the correctional facility to deduct the filing fee from the prisoner's account in installments and to provide certified account statements as required by statute.
2. The plaintiff must, within thirty days, either pay the required fees or complete and submit the attached prisoner authorization; failure to comply will result in dismissal of the action.
3. Any appeal from the order would not be taken in good faith, and in forma pauperis status is denied for purposes of an appeal.

Questions Presented

1. Whether an incarcerated plaintiff seeking to proceed in forma pauperis must submit a signed and sufficiently complete prisoner authorization permitting installment deductions from his prison account.
2. Whether the court should permit the action to proceed when the submitted prisoner authorization does not specify the amount to be deducted.

Disposition

other