Delgado v. Russo

District Court, S.D. New York

Delgado v. Russo

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOLEEN DELGADO, Plaintiff, 25-CV-1947 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION KEVIN RUSSO, 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 filing fees or an IFP application.1 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 25-CV-1947 (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.

1 In lieu of an IFP application, Plaintiff filed a “Judicial Notice of Waiver of Filing Fees,” suggesting that court filing fees are unconstitutional and requesting that the filing fees be waived for this action. (ECF 2.) Plaintiff’s assertion is incorrect. The imposition of filing fees has been upheld by the United States Supreme Court. See, e.g., Ortwein v. Schwab,

410 U.S. 656, 656

(1973). Her request to waive the fees without an IFP application is therefore denied. 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: March 13, 2025 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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