Randolph v. American Express

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMEIN RANDOLPH, Plaintiff, 24-CV-02433 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION AMERICAN EXPRESS, Defendant.

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 in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915.

Plaintiff submitted the complaint without the filing fees or an IFP application. The handwritten documents Plaintiff provides do not provide any information about his financial circumstances, and thus do not establish that he is unable to pay the fees. (ECF 1 at 13-14.) Also attached to the complaint is a copy of a $450 check, purportedly from the United States Department of the Treasury, “payable through” Plaintiff, to the “Clerk of Courts – Southern District of New York,” which bears Plaintiff’s signature and thumb print. (Id. at 16.) This check does not appear to be valid and does not constitute payment to the Court.

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-02433 (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.

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: April 3, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge