Ryzhov v. $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA

• Court: District Court, S.D. New York
• Decided: February 13, 2023
• Docket: 1:23-cv-01072
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EVGENY RYZHOV, Plaintiff, 23-CV-1072 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE $5,379,876.94 in United States Currency OR IFP APPLICATION Formerly on Deposit in Sunflower Bank, NA, Defendant. LAURA TAYLOR SWAIN, 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 $402.00 in fees – a $350.00 filing fee plus a $52.00 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, 1915.1 Plaintiff submitted a personal check for $402.00 with the complaint, but the Court’s Finance Department does not accept personal checks. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application. The filing fees must be paid by certified check or money order, made payable to: Clerk of Court – SDNY, and can be mailed to: Finance Department – Room 260, 500 Pearl Street, New York, NY 10007. Any certified check or money order must include Plaintiff’s case number, 23-CV-1072 (LTS).

1 Plaintiff may have intended to file a motion in United States of America v. $5,379,876.94 in United States Currency Formerly on Deposit in Sunflower Bank, N.A. Account 1101996560 No. 1:22-CV-10148 (JMF) (S.D.N.Y. Feb. 3, 2023), in which the Court entered judgment and dismissed the matter “without prejudice to a motion to reopen the action within sixty days of the date of this Order if any party believes there is a basis to do so.” There is no fee to file a motion. If Plaintiff wishes to bring a motion in 1:22-CV-10148 (JMF) (S.D.N.Y.), in addition to or instead of this new civil action, he must file such an application and label it with that docket number. Payment can also be made in person by credit card or cash. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice. The Finance Department is directed to return the $402.00 personal check to Plaintiff at his address of record.

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: February 13, 2023 New York, New York

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