Mintu v. Mayorkas

S.D. New York

Mintu v. Mayorkas

DecidedMarch 16, 2022

Docket1:22-cv-02065

StatusUnknown

This text of Mintu v. Mayorkas (Mintu v. Mayorkas) 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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Mintu v. Mayorkas, (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHARIFUL MINTU, Plaintiff, -against- 22-CV-2065 (LTS) ALEJANDRO MAYORKAS, SECRETARY ORDER DIRECTING PAYMENT OF FEE OF THE DEPARTMENT OF HOMELAND OR IFP APPLICATION SECURITY; UR M. JADDOU, DIRECTOR OF U.S. CITIZEN AND IMMIGRATION SERVICE, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Shariful Mintu brings this pro se action seeking a writ of mandamus and declaratory relief. 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 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 with payment in the amount of $5.00. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application. If Plaintiff submits a certified check or money order for the fees, or an IFP application, it should be labeled with docket number 22-CV-2065 (LTS). The Court directs the Clerk of Court to return the $5.00 payment to Plaintiff at the address listed for Plaintiff on the docket. CONCLUSION No summons shall issue at this time. The Court directs Plaintiff, within thirty days of the date of this order, to pay the $402.00 in fees or submit a completed IFP application. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. The Clerk of Court is directed to return the $5.00 payment to Plaintiff at the address

listed for Plaintiff on the docket. 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: March 16, 2022 New York, New York

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

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHARIFUL MINTU, Plaintiff, -against- 22-CV-2065 (LTS) ALEJANDRO MAYORKAS, SECRETARY ORDER DIRECTING PAYMENT OF FEE OF THE DEPARTMENT OF HOMELAND OR IFP APPLICATION SECURITY; UR M. JADDOU, DIRECTOR OF U.S. CITIZEN AND IMMIGRATION SERVICE, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Shariful Mintu brings this pro se action seeking a writ of mandamus and declaratory relief. 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 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 with payment in the amount of $5.00. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application. If Plaintiff submits a certified check or money order for the fees, or an IFP application, it should be labeled with docket number 22-CV-2065 (LTS). The Court directs the Clerk of Court to return the $5.00 payment to Plaintiff at the address listed for Plaintiff on the docket. CONCLUSION No summons shall issue at this time. The Court directs Plaintiff, within thirty days of the date of this order, to pay the $402.00 in fees or submit a completed IFP application. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. The Clerk of Court is directed to return the $5.00 payment to Plaintiff at the address

listed for Plaintiff on the docket. 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: March 16, 2022 New York, New York

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

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