Hairston v. Commissioner of Social Security

S.D. New York

Hairston v. Commissioner of Social Security

District Court, S.D. New York·Decided October 28, 2020·No. 1:20-cv-05600·Unknown

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT | ELECTRONICALLY FILED | SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED:_ 10/28/2020 DENISE HAIRSTON, Plaintiff, 20-cv-5600 against: ORDER DIRECTING PAYMENT OF FEE OR IFP Commissioner of Social Security, APPLICATION

Defendant.

KATHARINE H. PARKER, UNITED STATES MAGISTRATE 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 without prepayment of fees, submit a signed in forma pauperis (“|IFP”) application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted the Complaint without the filing fees or an IFP application. Within 30 days of the date of this Order, Plaintiff must either pay the $400.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-5600. 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. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk’s Office. As noted in the Court’s Scheduling Order (see ECF No. 5), the Commissioner will then have 90 days to file the Electronic Certified Administrative Record, or, alternatively, 60 days to file a motion to dismiss. 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: October 28, 2020 foo. New York, New York ce ec 4 i} Le kethaure Ee ai al £4 KATHARINE H. PARKER United States Magistrate Judge

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

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT | ELECTRONICALLY FILED | SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED:_ 10/28/2020 DENISE HAIRSTON, Plaintiff, 20-cv-5600 against: ORDER DIRECTING PAYMENT OF FEE OR IFP Commissioner of Social Security, APPLICATION

Defendant.

KATHARINE H. PARKER, UNITED STATES MAGISTRATE 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 without prepayment of fees, submit a signed in forma pauperis (“|IFP”) application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted the Complaint without the filing fees or an IFP application. Within 30 days of the date of this Order, Plaintiff must either pay the $400.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-5600. 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. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk’s Office. As noted in the Court’s Scheduling Order (see ECF No. 5), the Commissioner will then have 90 days to file the Electronic Certified Administrative Record, or, alternatively, 60 days to file a motion to dismiss. 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: October 28, 2020 foo. New York, New York ce ec 4 i} Le kethaure Ee ai al £4 KATHARINE H. PARKER United States Magistrate Judge

Hairston v. Commissioner of Social Security, (S.D.N.Y. 2020).

Pincite

Hairston v. Commissioner of Social Security (Hairston v. Commissioner of Social Security) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related