Jones v. Henderson ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DENISE JONES, Plaintiff, 20-CV-10008 (CM) -against- ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION NIA HENDERSON, et al., Defendants. COLLEEN McMAHON, 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 $400.00 in fees – a $350.00 filing fee plus a $50.00 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 her responses do not establish that she is unable to pay the filing fees. Plaintiff states that she is employed with gross yearly pay or wages of $69,000.00, and that she also receives payments from a pension, annuity, or life insurance. She asserts that she has nothing in the bank and does not own any property. Plaintiff indicates that she has one dependent, but states that she has no housing, transportation, or utility expenses. She also asserts that she has student loan debts totaling about $14,000.00. Thus, it appears that Plaintiff may have sufficient funds to pay the filing fees. Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees or submit an amended IFP application. If Plaintiff submits an amended IFP application, it should be labeled with docket number 20-CV-10008 (CM), 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 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: December 7, 2020 New York, New York hie. Iu Chief United States District Judge