Duncan v. City of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRANDEN DUNCAN, Plaintiff, 24-CV-4438 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION CITY 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 $405.00 in fees – a $350.00 filing fee plus a $55.00 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 complaint without the proper filing fees or an IFP application.

Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or submit the attached IFP application. Plaintiff’s submission should be labeled with docket number 24- CV-4438 (LTS).

No summons shall issue at this time. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

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: June 14, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge