Sasha Mejia, on behalf of Adalgisa Hernandez v. Secretary of the U.S. Department of Health and Human Services
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Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SASHA MEJIA, on behalf of ADALGISA HERNANDEZ, Plaintiff, 25-CV-9267 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Sasha Mejia (“Mejia”) brings this action on behalf of Adalgisa Hernandez (“Hernandez”), seeking review of the Medicare Appeals Council’s denial of Medicare benefits for Hernandez.1 To proceed with a civil action in this Court, a plaintiff must either pay $405.00 in fees – a $350.00 filing fee plus a $55.00 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. Mejia submitted the complaint without the filing fees or an IFP application. Within thirty days of the date of this order, Mejia must either pay the $405.00 in fees or submit the attached IFP application. If Mejia submits the IFP application, it should be labeled with docket number 25-CV-9267 (LTS). Mejia should complete the IFP application with Hernandez’s information. If Mejia financially supports Hernandez, she must also include her own financial information on the IFP application. See, e.g., Chambers v. Conn., No. 3:24-CV-1454, 2025 WL 1332989, at *2 (D. Conn. May 7, 2025) (“In determining whether . . . [an IFP applicant’s] financial
1 In a separate order, the Court directed Mejia to show cause why she should be permitted to bring claims pro se on behalf of Hernandez. circumstances meet these standards, courts consider not only his personal resources, but also the resources of anyone who supports him.”), recommended ruling adopted, (D. Conn. July 2, 2025) (text order); Pierre v. City of Rochester, No. 16-CV-6428, 2018 WL 10072449, at *1 (W.D.N.Y. Dec. 12, 2018) (“Where a litigant is supported or assisted by another person, the Court may
consider that person's ability to pay the filing fee.”); Fridman v. City of New York, 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002) (“In assessing an application to proceed [IFP], a court may consider the resources that the applicant has or ‘can get’ from those who ordinarily provide the applicant with the ‘necessities of life,’ such as ‘from a spouse, parent, adult sibling or other next friend.’” (emphasis added, citation omitted)). No summons shall issue at this time. If Mejia 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: November 24, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
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