Bey v. State of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNIVERSAL JUSTICE BEY, Plaintiff, 23-CV-3490 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION STATE OF NEW YORK, et al., Defendants.

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 without prepayment of fees, submit a signed in forma pauperis (“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 filing fees. Plaintiff states that he is presently not employed, has no sources of income, and possesses no money or other assets. Plaintiff responded with “No” and “N/A” to every question about how he pays his expenses and how many dependents he has, and indicates that he has no credit card debts, or financial obligations. Because Plaintiff does not fully answer the questions on the IFP application and fails to provide information on how he pays for his living expenses, the Court is unable to conclude that he does not have sufficient funds to pay the relevant fees for this action.

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