Hicks v. Ryan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DARNELL HICKS, Plaintiff, 24-CV-9585 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION OFFICER RYAN, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 20, 2024, the Court directed Plaintiff to 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. That order was returned to the court on January 22, 2025, because Plaintiff did not provide sufficient information for his address. Since the return of that mailing, the Court has learned that Plaintiff omitted his apartment number in his complaint. The Clerk’s Office has now updated Plaintiff’s address.

CONCLUSION Accordingly, if Plaintiff intends to proceed with this action, within 30 days of the date of this order, he must pay the fees of $405.00 or request that the fees be waived by submitting an IFP application. 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 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: April 1, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge