Mayfield v. Rossi

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHAUNTAY ACURA MAYFIELD, Plaintiff, 24-CV-7179 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION ROSSI C.O. SHIELD #11268, ET AL., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated in the Rose M. Singer Center on Rikers Island, is proceeding pro se. By order dated September 24, 2024, the Court directed Plaintiff, within thirty days, to either pay the $405.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis, that is, without prepayment of fees (an “IFP application”) and prisoner authorization. That same day, the clerk’s office mailed that order and copies of the necessary forms to Plaintiff. On October 23, 2024, Plaintiff submitted the prisoner authorization, but she has not submitted the 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. If Plaintiff submits the IFP application, it should be labeled with docket number 24-CV-7179 (LTS).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 is cautioned that if a prisoner files an action that is dismissed as frivolous or for failing to state a claim, the dismissal is a “strike” under 28 U.S.C. § 1915(g). A prisoner who receives three “strikes” cannot file actions in forma pauperis as a prisoner, unless he is under imminent danger of serious physical injury, and must pay the filing fee at the time of filing any new action.

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: October 29, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge