Weaver v. The New York City Housing Authority

S.D. New York

Weaver v. The New York City Housing Authority

DecidedNovember 20, 2019

Docket1:19-cv-10760

StatusUnknown

This text of Weaver v. The New York City Housing Authority (Weaver v. The New York City Housing Authority) 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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Weaver v. The New York City Housing Authority, (S.D.N.Y. 2019).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GEORGE WEAVER, et al., Plaintiffs, 1:19-CV-10760 (CM) -against- ORDER DIRECTING PAYMENT OF FEES THE NEW YORK CITY HOUSING OR IFP APPLICATIONS AUTHORITY, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiffs bring this action pro se. To proceed with a civil action in this Court, the plaintiffs 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, each plaintiff must submit a separate completed and signed in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915. Plaintiffs submitted their complaint without paying the relevant fees or Plaintiffs Weaver, Naseva, Concepciόn, and Halasa each filing a separate IFP application.1 Within thirty days of the date of this order, Plaintiffs must either pay the $400.00 in fees or Plaintiffs Weaver, Naseva, Concepciόn, and Halasa must each complete, sign, and submit a separate IFP application.2 If Plaintiffs Weaver, Naseva, Concepciόn, or Halasa submits an IFP application, it should be labeled with docket number 19-CV-10760 (CM). If the Court grants a plaintiff’s IFP application, that plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1).

1 Plaintiff Flores is the only plaintiff to have filed an IFP application. 2 An IFP application form is attached to this order. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to each individual plaintiff, and note service on the docket. No summons shall issue at this time. If Plaintiffs comply with this order, this action shall be processed in accordance with the procedures of the Clerk’s Office. If any individual plaintiff fails to comply with this order within the time allowed, the Court will dismiss that individual plaintiffs claims. 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 20, 2019 , New York, New York huh. Wk Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GEORGE WEAVER, et al., Plaintiffs, 1:19-CV-10760 (CM) -against- ORDER DIRECTING PAYMENT OF FEES THE NEW YORK CITY HOUSING OR IFP APPLICATIONS AUTHORITY, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiffs bring this action pro se. To proceed with a civil action in this Court, the plaintiffs 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, each plaintiff must submit a separate completed and signed in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915. Plaintiffs submitted their complaint without paying the relevant fees or Plaintiffs Weaver, Naseva, Concepciόn, and Halasa each filing a separate IFP application.1 Within thirty days of the date of this order, Plaintiffs must either pay the $400.00 in fees or Plaintiffs Weaver, Naseva, Concepciόn, and Halasa must each complete, sign, and submit a separate IFP application.2 If Plaintiffs Weaver, Naseva, Concepciόn, or Halasa submits an IFP application, it should be labeled with docket number 19-CV-10760 (CM). If the Court grants a plaintiff’s IFP application, that plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1).

1 Plaintiff Flores is the only plaintiff to have filed an IFP application. 2 An IFP application form is attached to this order. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to each individual plaintiff, and note service on the docket. No summons shall issue at this time. If Plaintiffs comply with this order, this action shall be processed in accordance with the procedures of the Clerk’s Office. If any individual plaintiff fails to comply with this order within the time allowed, the Court will dismiss that individual plaintiffs claims. 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 20, 2019 , New York, New York huh. Wk Chief United States District Judge

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Weaver v. The New York City Housing Authority, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-the-new-york-city-housing-authority-nysd-2019.

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