Christian v. Director Fordham Housing Management Jane/John Doe

• Court: District Court, S.D. New York
• Decided: January 24, 2022
• Docket: 1:22-cv-00612
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRYAN CHRISTIAN, Plaintiff, 22-CV-0612 (LTS) -against- ORDER DIRECTING PAYMENT OF FEES DIRECTOR FORDHAM MANAGEMENT OR AMENDED IFP APPLICATION JANE/JOHN DOE, Defendant. 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, that is, in forma pauperis (“IFP”), submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted his complaint with a one-page, handwritten statement that he doesn’t “own any properties, annuities, insurance benefits, or etc., and is unable to afford the filing fee and request that same fee be waived.” (ECF No. 1.) This handwritten statement does not establish that Plaintiff is unable to pay the filing fees. Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 22-CV-0612 (LTS), and Plaintiff must address the deficiencies described above by answering all of the questions on the Court’s two- page IFP application and by providing facts to establish that he is unable to pay the filing fees. If the Court grants the amended IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). No summons shall issue at this time. 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: January 24, 2022 New York, New York

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