Corines v. The Westchester County Dept. of Correction

S.D. New York

Corines v. The Westchester County Dept. of Correction

DecidedAugust 11, 2022

Docket7:22-cv-05179

StatusUnknown

This text of Corines v. The Westchester County Dept. of Correction (Corines v. The Westchester County Dept. of Correction) 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.

Bluebook

Corines v. The Westchester County Dept. of Correction, (S.D.N.Y. 2022).

Pincite

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PETER J. CORINES, Plaintiff, 22-CV-5179 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE THE WESTCHESTER COUNTY DEPT. OF OR AMENDED IFP APPLICATION CORRECTION, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. He alleges, among other things, that when he was incarcerated in the Westchester County Jail, he subscribed to the New York Times newspaper and “Barron’s Weekly financial magazine” but delivery to his cell was sporadic. 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 signed in forma pauperis (IFP) application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted an IFP application, but his responses are incomplete. Plaintiff has not responded to many questions or provided a complete description of his financial situation, and the Court is therefore cannot conclude that he is unable to afford 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-5179 (LTS) and address the deficiencies described above. No summons shall issue at this time. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice. 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 in forma pauperis 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: August 11, 2022 New York, New York

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

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PETER J. CORINES, Plaintiff, 22-CV-5179 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE THE WESTCHESTER COUNTY DEPT. OF OR AMENDED IFP APPLICATION CORRECTION, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. He alleges, among other things, that when he was incarcerated in the Westchester County Jail, he subscribed to the New York Times newspaper and “Barron’s Weekly financial magazine” but delivery to his cell was sporadic. 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 signed in forma pauperis (IFP) application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted an IFP application, but his responses are incomplete. Plaintiff has not responded to many questions or provided a complete description of his financial situation, and the Court is therefore cannot conclude that he is unable to afford 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-5179 (LTS) and address the deficiencies described above. No summons shall issue at this time. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice. 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 in forma pauperis 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: August 11, 2022 New York, New York

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

Cite This Page — Counsel Stack

Bluebook (online)

Corines v. The Westchester County Dept. of Correction, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corines-v-the-westchester-county-dept-of-correction-nysd-2022.

Opinion

Related

Cite This Page — Counsel Stack