Gibbs v. Jackson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TYQUAN GIBBS, Plaintiff, 25-CV-2575 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION CURTIS JACKSON; ZACK, 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 in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915.

Plaintiff submitted the complaint without the filing fees or an IFP application for this court.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-2575 (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).

CONCLUSION The Court directs Plaintiff, within 30 days of the date of this order, to either pay the $405.00 in fees or submit the attached 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 Plaintiff submitted a request to proceed in forma pauperis on appeal, but the answers he provides are not sufficient to determine whether he cannot afford to pay the fees. of the Clerk’s Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed.

The Court directs the Clerk of Court to send a copy of this order to [email protected] and to provide Plaintiff with a copy of this order should he visit the courthouse in person. Plaintiff is advised that he must update the court with his current mailing address. See In Re: Cases Filed By Pro Se Plaintiffs, This Matter Relates To: Duty of Self- Represented Parties to Keep Address Information Current, No. 24-MC-127 (LTS) (S.D.N.Y. Mar. 18, 2024). Attached to this order is a form consenting to receive electronic service if Plaintiff would prefer to receive notifications of filings by email.

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 1, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge