Harewood-Bey v. Biden ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DIANA HAREWOOD-BEY, et al., Plaintiffs, 22-CV-1472 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION PRESIDENT JOE BIDEN, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Diana Harewood-Bey, who is proceding pro se, brings this action individually and on behalf of two other plaintiffs. To proceed with a civil action in this Court, a plaintiff must either pay $402.00 in fees – a $350.00 filing fee plus a $52.00 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 Harewood-Bey submitted the complaint without the filing fees or an IFP application.1 Within thirty days of the date of this order, Plaintiff Harewood-Bey must either pay the $402.00 in fees or submit the attached IFP application. If Plaintiff Harewood-Bey submits the IFP application, it should be labeled with docket number 22-CV-1472 (LTS). If the Court grants the IFP application, Plaintiff Harewood-Bey 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 Harewood-Bey complies with this order, the case shall be processed in accordance with the procedures of the Clerk’s Office. If Plaintiff 1 Plaintiff Harewood-Bey filed this action in the United States District Court for the Eastern District of Pennsylvania. On January 24, 2022, the complaint was transferred to this Court. Harewood-Bey 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 11, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge