Aida R. Gil v. Jorge Dopico; Robert F. Murphy
Aida R. Gil v. Jorge Dopico; Robert F. Murphy
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AIDA R. GIL, Plaintiff, 25-CV-7274 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION JORGE DOPICO; ROBERT F. MURPHY, 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. Furthermore, Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name – or by a party personally if the party is unrepresented.” See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require “as it did in John Hancock’s day, a name handwritten (or a mark handplaced).” Becker v. Montgomery,
532 U.S. 757, 764(2001). Plaintiff did not submit the court’s standard IFP application. She instead submitted an unsigned affidavit in support of her request to proceed IFP that does not include sufficient facts to establish that she is unable to pay the filing fees. In her affidavit, Plaintiff states that she is self-employed and discusses several projects for which she is awaiting contracts. She alleges no other facts about her financial situation. Without the additional information requested on the court’s IFP application, the Court is unable to conclude that Plaintiff is unable to pay the filing fees. Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or complete, sign, and submit the attached amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 25-CV-7274 (LTS), and address the deficiencies described above by providing facts to establish that she 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: September 16, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
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