Coleman v. BET Networks

District Court, S.D. New York

Coleman v. BET Networks

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARK F. COLEMAN; TOYA L. COLEMAN, Plaintiffs, 1:20-CV-8165 (CM) -against- ORDER DIRECTING PAYMENT OF FEES BET NETWORKS; YVONNE SMITH- OR IFP APPLICATION PRODUCER; ROKU T.V.; AND JOHN DOE’S #1, 2, Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiffs Mark and Toya Coleman 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 completed and signed in forma pauperis (“IFP”) application. See

28 U.S.C. §§ 1914

, 1915. Plaintiffs submitted the complaint without the relevant fees or an IFP application filed by Plaintiff Toya Coleman. Within thirty days of the date of this order, Plaintiffs must either pay the $400.00 in fees or Plaintiff Toya Coleman must complete and submit the attached IFP application. If Plaintiff Toya Coleman submits the IFP application, it should be labeled with docket number 1:20-CV-8165 (CM). If the Court grants that IFP application, Plaintiff Toya Coleman will be permitted to proceed without prepayment of fees. See § 1915(a)(1). The Clerk of Court is directed to mail a copy of this order to Plaintiffs and note service on the docket. No summons shall issue at this time. If Plaintiff Toya Coleman complies with this order, her claims shall be processed in accordance with the procedures of the Clerk’s Office. If Plaintiff Toya Coleman fails to comply with this order within the time allowed, the Court will dismiss her 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: October 2, 2020 , New York, New York hie. Wyk Chief United States District Judge

Reference

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