Kirkland v. New York State Division of Parole

S.D. New York

Kirkland v. New York State Division of Parole

DecidedOctober 15, 2020

Docket1:20-cv-08606

StatusUnknown

This text of Kirkland v. New York State Division of Parole (Kirkland v. New York State Division of Parole) 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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Kirkland v. New York State Division of Parole, (S.D.N.Y. 2020).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TARENCE KIRKLAND, Plaintiff, 20-CV-8606 (CM) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION NEW YORK STATE DIIVSION OF PAROLE, Defendants. 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 without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted an IFP application, but it is incomplete. Plaintiff states that that he has no income from any source and no assets but does not answer the question about how he is paying for his expenses. Because Plaintiff’s application is incomplete, the Court is unable to conclude that he cannot pay the filing fee. Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 20-CV-8606 (CM), and address the deficiencies described above by fully completing the amended IFP application and providing facts to establish that he is unable to pay the filing fees. 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 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: October 15, 2020 New York, New York hie. Iu Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TARENCE KIRKLAND, Plaintiff, 20-CV-8606 (CM) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION NEW YORK STATE DIIVSION OF PAROLE, Defendants. 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 without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted an IFP application, but it is incomplete. Plaintiff states that that he has no income from any source and no assets but does not answer the question about how he is paying for his expenses. Because Plaintiff’s application is incomplete, the Court is unable to conclude that he cannot pay the filing fee. Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 20-CV-8606 (CM), and address the deficiencies described above by fully completing the amended IFP application and providing facts to establish that he is unable to pay the filing fees. 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 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: October 15, 2020 New York, New York hie. Iu Chief United States District Judge

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Kirkland v. New York State Division of Parole, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-new-york-state-division-of-parole-nysd-2020.

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