Finnegan v. USPS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SEAN MATTHEW FINNEGAN, Plaintiff, 22-CV-0548 (LTS) -against- ORDER DIRECTING PAYMENT OF FEES OR AMENDED IFP APPLICATION USPS, 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 in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.

Plaintiff submitted an IFP application, but his responses do not establish that he is unable to pay the fees to bring this action. Plaintiff states that in the past 12 months, he has not earned any income, and that he possesses no money in cash or in a checking or savings account. He does not, however, answer the IFP application’s questions as to whether he owns any assets and, if so, their values. He also does not specify whether he has any debts or any other financial obligations and, if so, the amounts of any of his debts or other financial obligations. The Court is therefore unable to conclude whether Plaintiff is unable to afford to pay the fees to bring this action.

Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 22-CV-0548 (LTS), and address the deficiencies described above by providing facts to establish that he is unable to pay the fees to bring this action. 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).

No summons shall issue at this time. If Plaintiff complies with this order, the case 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 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).

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.

SO ORDERED.

Dated: January 26, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge