Timothy Pena v. New York City Department of Homeless Services et al
District Court, S.D. New York
Timothy Pena v. New York City Department of Homeless Services et al
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TIMOTHY PENA,
Plaintiff,
25-CV-7506 (LTS)
-against-
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION
NEW YORK CITY DEPARTMENT OF
AND SIGNATURE
HOMELESS SERVICES ET AL,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this action pro se. As set forth below, the Court directs Plaintiff (1) to pay
the $405.00 in fees necessary to initiate this action or submit an application to proceed in forma
pauperis (“IFP”); and (2) to resubmit a signed the IFP application.
DISCUSSION
A. Fees
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 the complaint without the filing fees or an IFP application. 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-7506. 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).
B. Signature
The IFP application that Plaintiff submitted is unsigned. Rule 11(a) of the Federal Rules
of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be
signed . . . by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a); see Becker v.
Montgomery, 532 U.S. 757, 764 (2001) (interpreting Rule 11(a) to require, “as it did in John
Hancock’s day, a name handwritten (or a mark handplaced)”). Accordingly, Plaintiff is directed
to sign and submit the attached signature page within 30 days of the date of this order.
CONCLUSION
No summons or answer 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 without prejudice.
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: September 12, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
25 cv 7506...
AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)
iT; a rm
UNITED STATES DISTRICT COURT
for the □□
Southern District of New York [=] □□
Timothy Pena ) □
Plaintiff/Petitioner ) □□
v. ) Civil Action No. □ |
NYC DHS, ICL, and Karen Fuller ) =
| Defendant/Respondent )
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS
(Long Form)
Affidavit in Support of the Application Instructions
I am a plaintiff or petitioner in this case and declare Complete all questions in this application and then sign it.
that I am unable to pay the costs of these proceedings Do not leave any blanks: if the answer to a question is “0,”
and that I am entitled to the relief requested. I declare “none,” or “not applicable (N/A),” write that response. If
under penalty of perjury that the information below is you need more space to answer a question or to explain your
true and understand that a false statement may result in answer, attach a separate sheet of paper identified with your
a dismissal of my claims. name, your case's docket number, and the question number.
Signed: Date:
1, For both you and your spouse estimate the average amount of money received from each of the following
sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly,
semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions
for taxes or otherwise.
Income source Average monthly income Income amount expected
amount during the past 12 next month
: months
Employment $ 0.00} 0.00|§ 0.00 |g 0.00
Self-employment
Income from real property (such as rental income) $ 0.00 |$ 0.00/$ 0.00 {$ 0.00
Interest and dividends
Gifts
Alimon
Child support $ 0.00 |$ 0.00]$ 0.00 |$ 0.00
Reference
- Status
- Unknown