Byfield v. New York City Department of Education (NYCDOE)

S.D. New York

Byfield v. New York City Department of Education (NYCDOE)

DecidedJuly 12, 2022

Docket1:22-cv-05869

StatusUnknown

This text of Byfield v. New York City Department of Education (NYCDOE) (Byfield v. New York City Department of Education (NYCDOE)) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Byfield v. New York City Department of Education (NYCDOE), (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MEGAN S. BYFIELD, Plaintiff, 1:22-CV-5869 (LTS) -against- ORDER DIRECTING PAYMENT OF FEES NEW YORK CITY DEPARTMENT OF OR AMENDED IFP APPLICATION EDUCATION (NYCDOE), et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. To proceed with a civil action in this court, a plaintiff must either pay $402.00 in fees – a $350.00 filing fee plus a $52.00 administrative fee – or, to request authorization to proceed without prepayment of fees, submit a completed and signed in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted an incomplete IFP application; her IFP application consists of only the second page of a two-page IFP application form. Thus, her responses in her IFP application do not establish that she is unable to pay the fees to bring this action. Accordingly, within 30 days of the date of this order, Plaintiff must either pay the $402.00 in fees or complete, sign, and submit the attached amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 1:22-CV-5869 (LTS), and address the deficiencies described above by providing facts to establish that she is unable to pay the fees to bring this action. If the Court grants the amended IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See § 1915(a)(1). No summons shall issue at this time. If Plaintiff complies with this order, this action 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, this 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: July 12, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MEGAN S. BYFIELD, Plaintiff, 1:22-CV-5869 (LTS) -against- ORDER DIRECTING PAYMENT OF FEES NEW YORK CITY DEPARTMENT OF OR AMENDED IFP APPLICATION EDUCATION (NYCDOE), et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. To proceed with a civil action in this court, a plaintiff must either pay $402.00 in fees – a $350.00 filing fee plus a $52.00 administrative fee – or, to request authorization to proceed without prepayment of fees, submit a completed and signed in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted an incomplete IFP application; her IFP application consists of only the second page of a two-page IFP application form. Thus, her responses in her IFP application do not establish that she is unable to pay the fees to bring this action. Accordingly, within 30 days of the date of this order, Plaintiff must either pay the $402.00 in fees or complete, sign, and submit the attached amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 1:22-CV-5869 (LTS), and address the deficiencies described above by providing facts to establish that she is unable to pay the fees to bring this action. If the Court grants the amended IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See § 1915(a)(1). No summons shall issue at this time. If Plaintiff complies with this order, this action 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, this 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: July 12, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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Byfield v. New York City Department of Education (NYCDOE), Counsel Stack Legal Research, https://law.counselstack.com/opinion/byfield-v-new-york-city-department-of-education-nycdoe-nysd-2022.

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