Anorak Co. Ltd. v. Cherloi Global

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANORAK CO. LTD., Plaintiff, 24-CV-9544 (LTS) -against- ORDER CHERLOI GLOBAL, Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Anorak Co. Ltd. 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 in forma pauperis (IFP), that is, without prepayment of fees, submit a signed in forma pauperis (IFP) application. See 28 U.S.C. §§ 1914, 1915. However, a corporation, such as Plaintiff Anorak Co. Ltd., may not proceed IFP.

See Rowland v. Ca. Men’s Colony, Unit II Advisory Council, 506 U.S. 194, 196 (1993) (“[O]nly a natural person may qualify for treatment in forma pauperis.”). Accordingly, within thirty days of the date of this order, Plaintiff must pay the $405.00 in fees.

Moreover, a corporation cannot proceed pro se in federal court. Iannaccone v. Law, 142 F.3d 553, 558 (2d Cir. 1998). A corporation must be represented by an attorney. Accordingly, within 30 days, Plaintiff Anorak Co. Ltd. must have an attorney enter a notice of appearance on its behalf.

If Plaintiff fails to comply with this order within the time allowed, and either does not pay the filing fees or an attorney does not enter a notice of appearance on behalf of Plaintiff, 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 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: December 16, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge