UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LUCAS SEBASTION,1 Plaintiff, 25-CV-0911 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION JANE DOE, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff submitted to the court by email a motion for leave to proceed under a pseudonym and to seal filings. The Clerk of Court opened the motion as a new civil action and assigned the docket number listed above. For the reasons set for below, the Court (1) directs Plaintiff to either pay the $405.00 in fees required to bring an action in this court or submit an application to proceed in forma pauperis (“IFP”); (2) directs Plaintiff to file a complaint; and (3) declines to address Plaintiff’s motions to proceed under a pseudonym and to seal the filings until after Plaintiff pays the fees or submits and IFP application and files a complaint. A. Fees To proceed with a civil action in this court, a plaintiff must either pay the $405.00 in fees or, to request authorization to proceed without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.2 Within 30 days of the date of this order, Plaintiff must either pay the $405.00 in fees or, if Plaintiff is unable to pay such fees, Plaintiff should complete, sign, and submit the attached IFP
1 A pseudonym. 2 The $405.00 in fees includes a $350.00 filing fee plus a $55.00 administrative fee. (Please check the fee schedule on the website for any updates.) A defendant removing an action from state to federal court is responsible for the filing fees.) application. Plaintiff may submit the IFP application under a pseudonym so long as the information contained in the application reflects his actual circumstances. Payment of the fees should be mailed to the following address: United States District Court for the Southern District of New York, Cashiers-Room 260, 500 Pearl Street, New York, NY 10007. Payment of the fees by mail must (1) be made by money order or certified check; (2) be made payable to: Clerk,
USDC, SDNY; and (3) include the docket number listed above. Personal checks are not accepted. Payment of the fees also can be made in person at the courthouse by credit card, money order, certified check, or cash. No further action will be taken in this case, and no summons shall issue or answer be required, until the fees are paid or a completed and signed IFP application is received. If Plaintiff submitted proper payment for this action before receiving this order, the case will proceed once that payment is processed. B. Complaint Rule 3 of the Federal Rules of Civil Procedure states that “[a] civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 3. While Plaintiff has filed a motion to
proceed anonymously, he has not filed a complaint. The Court therefore directs Plaintiff to file a complaint in this action within 30 days of the date of this order. If Plaintiff wishes to proceed under a pseudonym or under seal, he must submit a redacted version of the complaint, which includes his pseudonym, as well as an unredacted version of the complaint that includes his real name. Plaintiff should clearly mark on those documents that he is seeking to proceed under a pseudonym or under seal. C. Requests to proceed under a pseudonym and under seal Plaintiff initiated this action by filing a motion for leave to proceed under a pseudonym and to seal filings. (ECF 1.) Because Plaintiff has not filed a complaint or paid the fees or submitted an IFP application, the Court declines to address his motion until those deficiencies are cured. In the meantime, the Court has directed the Clerk of Court to include only Plaintiff’s requested pseudonym on the docket, to remove his address from the docket, and to limit viewing of the electronic docket to case participants only. CONCLUSION
The Court directs Plaintiff, within 30 days of the date of this order, to: (1) file a complaint in this action; and (2) pay the $405.00 in filing fees or submit an IFP application. If Plaintiff fails to comply with this order within the time allowed, or fails to seek an extension of time to comply, the action will be dismissed without prejudice to refiling. 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 3, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
(Full name(s) of the plaintiff or petitioner applying (each person must submit a separate application) CV ( ) ( ) -against- (Enter case number and initials of assigned judges, if available; if filing this with your complaint, you will not yet have a case number or assigned judges.) (Full name(s) of the defendant(s)/respondent(s).)
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS I am a plaintiff/petitionerin this case and declare that I am unable to pay the costs of these proceedingsand I believe that I am entitled to the relief requested in this action. In support of this applicationto proceed in forma pauperis(“IFP”) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? Yes No (If “No,” go to Question 2.) I am being held at: Do you receive any payment from this institution? Yes No Monthly amount: If I am a prisoner, see28 U.S.C. §1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements forthe past six months. See 28 U.S.C. §1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee. 2. Are you presently employed? Yes No If “yes,” my employer’s name and address are: Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. In addition to your income stated above(which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment Yes No (b) Rent payments, interest, or dividends Yes No (c) Pension, annuity, or life insurance payments [] Yes [] No (d) Disability or worker’s compensation payments [] Yes [] No (e) Gifts or inheritances [] Yes [] No Any oth blic benefit ] t ial it (f) Any other public ene its (unemployment, social security, Yes No food stamps, veteran’s, etc.) (g) Any other sources [] Yes [] No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LUCAS SEBASTION,1 Plaintiff, 25-CV-0911 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION JANE DOE, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff submitted to the court by email a motion for leave to proceed under a pseudonym and to seal filings. The Clerk of Court opened the motion as a new civil action and assigned the docket number listed above. For the reasons set for below, the Court (1) directs Plaintiff to either pay the $405.00 in fees required to bring an action in this court or submit an application to proceed in forma pauperis (“IFP”); (2) directs Plaintiff to file a complaint; and (3) declines to address Plaintiff’s motions to proceed under a pseudonym and to seal the filings until after Plaintiff pays the fees or submits and IFP application and files a complaint. A. Fees To proceed with a civil action in this court, a plaintiff must either pay the $405.00 in fees or, to request authorization to proceed without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.2 Within 30 days of the date of this order, Plaintiff must either pay the $405.00 in fees or, if Plaintiff is unable to pay such fees, Plaintiff should complete, sign, and submit the attached IFP
1 A pseudonym. 2 The $405.00 in fees includes a $350.00 filing fee plus a $55.00 administrative fee. (Please check the fee schedule on the website for any updates.) A defendant removing an action from state to federal court is responsible for the filing fees.) application. Plaintiff may submit the IFP application under a pseudonym so long as the information contained in the application reflects his actual circumstances. Payment of the fees should be mailed to the following address: United States District Court for the Southern District of New York, Cashiers-Room 260, 500 Pearl Street, New York, NY 10007. Payment of the fees by mail must (1) be made by money order or certified check; (2) be made payable to: Clerk,
USDC, SDNY; and (3) include the docket number listed above. Personal checks are not accepted. Payment of the fees also can be made in person at the courthouse by credit card, money order, certified check, or cash. No further action will be taken in this case, and no summons shall issue or answer be required, until the fees are paid or a completed and signed IFP application is received. If Plaintiff submitted proper payment for this action before receiving this order, the case will proceed once that payment is processed. B. Complaint Rule 3 of the Federal Rules of Civil Procedure states that “[a] civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 3. While Plaintiff has filed a motion to
proceed anonymously, he has not filed a complaint. The Court therefore directs Plaintiff to file a complaint in this action within 30 days of the date of this order. If Plaintiff wishes to proceed under a pseudonym or under seal, he must submit a redacted version of the complaint, which includes his pseudonym, as well as an unredacted version of the complaint that includes his real name. Plaintiff should clearly mark on those documents that he is seeking to proceed under a pseudonym or under seal. C. Requests to proceed under a pseudonym and under seal Plaintiff initiated this action by filing a motion for leave to proceed under a pseudonym and to seal filings. (ECF 1.) Because Plaintiff has not filed a complaint or paid the fees or submitted an IFP application, the Court declines to address his motion until those deficiencies are cured. In the meantime, the Court has directed the Clerk of Court to include only Plaintiff’s requested pseudonym on the docket, to remove his address from the docket, and to limit viewing of the electronic docket to case participants only. CONCLUSION
The Court directs Plaintiff, within 30 days of the date of this order, to: (1) file a complaint in this action; and (2) pay the $405.00 in filing fees or submit an IFP application. If Plaintiff fails to comply with this order within the time allowed, or fails to seek an extension of time to comply, the action will be dismissed without prejudice to refiling. 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 3, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
(Full name(s) of the plaintiff or petitioner applying (each person must submit a separate application) CV ( ) ( ) -against- (Enter case number and initials of assigned judges, if available; if filing this with your complaint, you will not yet have a case number or assigned judges.) (Full name(s) of the defendant(s)/respondent(s).)
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS I am a plaintiff/petitionerin this case and declare that I am unable to pay the costs of these proceedingsand I believe that I am entitled to the relief requested in this action. In support of this applicationto proceed in forma pauperis(“IFP”) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? Yes No (If “No,” go to Question 2.) I am being held at: Do you receive any payment from this institution? Yes No Monthly amount: If I am a prisoner, see28 U.S.C. §1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements forthe past six months. See 28 U.S.C. §1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee. 2. Are you presently employed? Yes No If “yes,” my employer’s name and address are: Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. In addition to your income stated above(which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment Yes No (b) Rent payments, interest, or dividends Yes No (c) Pension, annuity, or life insurance payments [] Yes [] No (d) Disability or worker’s compensation payments [] Yes [] No (e) Gifts or inheritances [] Yes [] No Any oth blic benefit ] t ial it (f) Any other public ene its (unemployment, social security, Yes No food stamps, veteran’s, etc.) (g) Any other sources [] Yes [] No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.
If you answered “No” to all of the questions above, explain how you are paying your expenses:
4. How much money do you have in cash or in a checking, savings, or inmate account?
5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value:
6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? describe and provide the amount of the monthly expense:
7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18):
8. Do you have any debts or financial obligations not described above? Ifso, describe the amounts owed and to whom they are payable:
Declaration: | declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims.
Dated Signature
Name (Last, First, MI) Prison Identification # {if incarcerated)
Address City State Zip Code
Telephone Number E-mail Address (if available) IFP Application, page 2