holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue
How later courts described this case
- holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DAMONTE BROWN,
Plaintiff,
22-CV-2646 (LTS)
-against-
Order Directing Payment of Fee or Amended
THE BOARD OF DIRECTORS, THE DOOR IFP Application
NYC,
Defendant.
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 $402.00 in fees – a $350.00 filing fee plus a $52.00 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 an IFP application, but his responses do not establish that he is unable
to pay the filing fees. Plaintiff either did not answer the questions, or he wrote “privacy
observances” in response to the questions about his financial circumstances (ECF 1.) The Court
is thus unable to conclude that Plaintiff is unable to afford the filing fees.
Accordingly, within thirty days of the date of this order, Plaintiff must either pay the
$402.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP
application, it should be labeled with docket number 22-CV-2646 (LTS), be fully completed, and
address the deficiencies described above by 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 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).
Plaintiff consents to electronic service. (ECF 2 at 9.)
SO ORDERED.
Dated: April 1, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge