Goh v. Daley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERIC GOH, Plaintiff, 25-CV-4747 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION HENRY DALEY, 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 in forma pauperis (“IFP”), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.

Plaintiff submitted an IFP application, but his responses do not provide sufficient information to determine whether he is unable to pay the filing fees. Plaintiff states that he is presently employed, and that his gross monthly wages are $2,500. He states that he has no other source of income. Plaintiff does not provide responses to the rest of the questions on the IFP application. He does not state how much money he has in cash or a bank account or describe any real or personal property he owns. Nor does Plaintiff describe his monthly expenses, such as housing and transportation costs, any dependents he has, or any debts or financials obligations he has. Because Plaintiff has not submitted a complete IFP application, the Court is unable to conclude that he is unable to afford the filing fees.

Accordingly, within 30 days of the date of this order, Plaintiff must 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-4747 (LTS), and address the deficiencies described above by answering all applicable questions and providing facts to establish that he is unable to pay the filing fees. 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: June 13, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge