STEPHENS v. GREYSTAR

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KALYN STEPHENS, Plaintiff, 23-CV-2541 (LTS) -against- ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION GREYSTAR, Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se.1 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 the complaint without the filing fees or an IFP application. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 23-CV-2541 (LTS). If the Court grants the 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.

1 Plaintiff originally filed this action in the United States District Court for the Middle District of Georgia. See Stephens v. Greystar, No. 5:23-CV-0078 (TES). By order dated March 1, 2023, the Middle District of Georgia transferred the action to this court. (ECF 2.)

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: March 27, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge