Arroyo-Bey v. Ward

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NOEL ARROYO-BEY, Plaintiff, 25-CV-3333 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE THOMAS A. WARD (BADGE #24331); CITY OR AMENDED IFP APPLICATION OF NEW YORK, 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 an IFP application, in which he states his only source of income in the past 12 months is $297 per month in food stamps. (ECF 2.) Plaintiff also alleges that he has no money in cash or in a checking or savings account, and no personal property. He further states that he pays $300 a month for rent, and he has $5,000 in credit card debt. According to public documents filed in this court, however, Plaintiff entered into a settlement agreement in December 2024. His IFP application makes no mention of any income received as a result of the settlement agreement. The Court therefore directs Plaintiff to either pay the $405.00 in fees or submit an amended IFP application showing that he cannot pay the filing fees in light of his December 2024 settlement agreement.

CONCLUSION The Court directs Plaintiff, within 30 days of the date of this order, to either pay the $405.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 25-CV-3333 (LTS), and address the deficiencies described above by providing facts to establish that he is unable to pay the filing fees in light of his recent settlement agreement. If the Court grants the amended 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 28, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (Full name(s) of the plaintiff or petitioner applying (each person must submit a separate application) CV ( ) ( ) -against- (Enter case number and initials of assigned judges, if available; if filing this with your complaint, you will not yet have a case number or assigned judges.) (Full name(s) of the defendant(s)/respondent(s).)

AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS I am a plaintiff/petitionerin this case and declare that I am unable to pay the costs of these proceedingsand I believe that I am entitled to the relief requested in this action. In support of this applicationto proceed in forma pauperis(“IFP”) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? Yes No (If “No,” go to Question 2.)

I am being held at: Do you receive any payment from this institution? Yes No Monthly amount: If I am a prisoner, see28 U.S.C. §1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements forthe past six months. See 28 U.S.C. §1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee.

2. Are you presently employed? Yes No If “yes,” my employer’s name and address are: Gross monthly pay or wages: If “no,” what was your last date of employment?

Gross monthly wages at the time: 3. In addition to your income stated above(which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment Yes No (b) Rent payments, interest, or dividends Yes No (c) Pension, annuity, or life insurance payments [] Yes [] No (d) Disability or worker’s compensation payments [] Yes [] No (e) Gifts or inheritances [] Yes [] No Any oth blic benefit ] t ial it (f) Any other public ene its (unemployment, social security, Yes No food stamps, veteran’s, etc.) (g) Any other sources [] Yes [] No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.

If you answered “No” to all of the questions above, explain how you are paying your expenses: 4. How much money do you have in cash or in a checking, savings, or inmate account?

5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value: 6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? describe and provide the amount of the monthly expense: 7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18): 8. Do you have any debts or financial obligations not described above? Ifso, describe the amounts owed and to whom they are payable: Declaration: | declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims.

Dated Signature Name (Last, First, MI) Prison Identification # {if incarcerated) Address City State Zip Code Telephone Number E-mail Address (if available) IFP Application, page 2