Commey v. De Blasio

• Court: District Court, S.D. New York
• Decided: January 3, 2022
• Docket: 1:22-cv-00018
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AARON COMMEY, Plaintiff, 22-CV-0018 (LTS) -against- ORDER DIRECTING PAYMENT OF FEES BILL DE BLASIO, in his official capacity as OR IFP APPLICATION Mayor of the City of New York, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action seeking emergency relief. To proceed with a civil action in this Court, a plaintiff must either (1) pay $402.00 in fees – a $350.00 filing fee plus a $52.00 administrative fee, or (2) request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, by submitting a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted this filing without the $402.00 in fees or an IFP application. The Court cannot take any action on this case until he files a completed and signed IFP application or pays the filing fees. Thus, within thirty days of the date of this order, Plaintiff must pay the filing fees or complete and submit the attached IFP application. 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 3, 2022 New York, New York

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