Davis v. Port Jervis Community Development

S.D. New York

Davis v. Port Jervis Community Development

DecidedFebruary 18, 2020

Docket1:20-cv-01341

StatusUnknown

This text of Davis v. Port Jervis Community Development (Davis v. Port Jervis Community Development) 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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Davis v. Port Jervis Community Development, (S.D.N.Y. 2020).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DARYL J. DAVIS, Plaintiff, 20-CV-1341 (CM) -against- ORDER DIRECTING PAYMENT OF FEE PORT JERVIS COMMUNITY OR IFP APPLICATION DEVELOPMENT AGENCY (PJCDA), Defendant. COLLEEN MCMAHON, 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 $400.00 in fees – a $350.00 filing fee plus a $50.00 administrative fee – or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted the complaint, captioned for the State of New York, Court of Claims, together with only the first page of an “Affidavit in Support of Application Pursuant to (CPLR 1101(f))” – a two-page, state-court form. Within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or complete and submit the attached two-page IFP application captioned for this Court. If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-1341 (CM). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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). SO ORDERED. Dated: February 18, 2020 , New York, New York hi hb hich Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DARYL J. DAVIS, Plaintiff, 20-CV-1341 (CM) -against- ORDER DIRECTING PAYMENT OF FEE PORT JERVIS COMMUNITY OR IFP APPLICATION DEVELOPMENT AGENCY (PJCDA), Defendant. COLLEEN MCMAHON, 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 $400.00 in fees – a $350.00 filing fee plus a $50.00 administrative fee – or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted the complaint, captioned for the State of New York, Court of Claims, together with only the first page of an “Affidavit in Support of Application Pursuant to (CPLR 1101(f))” – a two-page, state-court form. Within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or complete and submit the attached two-page IFP application captioned for this Court. If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-1341 (CM). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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). SO ORDERED. Dated: February 18, 2020 , New York, New York hi hb hich Chief United States District Judge

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Davis v. Port Jervis Community Development, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-port-jervis-community-development-nysd-2020.

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