UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
May 2, 2013
KENDALL BROWNE, PLAINTIFF,
ERIC SCHNEIDERMAN, AS ATTORNEY GENERAL OF THE UNITED STATES, DEFENDANT.
The opinion of the court was delivered by: John Gleeson, U.S.D.J.:
Kendall Browne, incarcerated at the George Motchan Detention Center on Rikers Island*fn1 filed a pro se action on March 20, 2013. His submission did not include either the requisite filing fee, see 28 U.S.C. 1914(a) (establishing a $350 filing fee in civil cases), or an in forma pauperis ("IFP") application and Prisoner Authorization form. By letter dated March 28, 2013, the Clerk of Court instructed Browne that, in order to proceed, he must either pay a filing fee or return the completed IFP application and the Prisoner Authorization form within 14 days.*fn2 To date, Browne has not submitted the forms required by the Court's March 28 letter and the time for doing so has passed. Since Browne may not initiate a civil action in this Court without either paying the $350 filing fee up front or filling out an IFP application and Prisoner Authorization form, the action is dismissed without prejudice to re-filing. See 28 U.S.C. 1915(b) (providing that a prisoner must certify what assets are available in his prison trust account before he may bring a civil action without prepayment of fees).*fn3
John Gleeson, U.S.D.J.