Smith v. Miller

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SINCERE SMITH, Plaintiff, 20-CV-8991 (CM) -against- ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION SUPERINTENDENT MILLER, et al., Defendants.

COLLEEN McMAHON, 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 $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, submit a signed IFP application.

See 28 U.S.C. §§ 1914, 1915.

Plaintiff submitted the first page of the IFP application but not the second page, and his IFP application is therefore incomplete and unsigned.1 Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 20-CV-8991 (CM), and address the deficiencies described above by providing facts to establish that he is unable to pay the filing fees. If the Court grants the amended IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1).

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. No summons shall issue at this time. If Plaintiff complies with this order, the case Plaintiff’s application for the Court to request pro bono counsel is also incomplete as he did not submit all pages of the application. The Court attaches a copy of the form to this order. shall be processed in accordance with the procedures of the Clerk’s Office. If Plaintiff 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 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: October 28, 2020 New York, New York hie. Iu Chief United States District Judge