Brown v. Embassy of Antigua and Barbuda

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

NKOSI BROWN,

Plaintiff, 25-CV-2436 (LTS)

-against- ORDER DIRECTING PAYMENT OF FEE

OR IFP APPLICATION

EMBASSY OF ANTIGUA AND BARBUDA, AND SIGNATURE

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff brings this action pro se. As set forth below, the Court directs Plaintiff to (1) pay

the $405.00 in fees necessary to initiate this action or submit an application to proceed in forma

pauperis (“IFP”); and (2) submit a signed copy of the signature page of the complaint.

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 30

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-2436 (LTS). 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 complaint 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, the Court directs

Plaintiff 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 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: March 28, 2025

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

(Full name(s) of the plaintiff or petitioner applying (each person

must submit a separate application)

CV ( ) ( )

-against- (Enter case number and initials of assigned judges, if

available; if filing this with your complaint, you will not

yet have a case number or assigned judges.)

(Full name(s) of the defendant(s)/respondent(s).)

APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS

I am a plaintiff/petitionerin this case and declare that I am unable to pay the costs of these proceedingsand

I believe that I am entitled to the relief requested in this action. In support of this applicationto proceed in

forma pauperis(“IFP”) (without prepaying fees or costs), I declare that the responses below are true:

1. Are you incarcerated? Yes No (If “No,” go to Question 2.)

I am being held at:

Do you receive any payment from this institution? Yes No

Monthly amount:

If I am a prisoner, see28 U.S.C. §1915(h), I have attached to this document a “Prisoner

Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account

in installments and to send to the Court certified copies of my account statements forthe past six

months. See 28 U.S.C. §1915(a)(2), (b). I understand that this means that I will be required to pay the

full filing fee.

2. Are you presently employed? Yes No

If “yes,” my employer’s name and address are:

Gross monthly pay or wages:

If “no,” what was your last date of employment?

Gross monthly wages at the time:

3. In addition to your income stated above(which you should not repeat here), have you or anyone else

living at the same residence as you received more than $200 in the past 12 months from any of the

following sources? Check all that apply.

(a) Business, profession, or other self-employment Yes No

(b) Rent payments, interest, or dividends Yes No

(c) Pension, annuity, or life insurance payments [] Yes [] No

(d) Disability or worker’s compensation payments [] Yes [] No

(e) Gifts or inheritances [] Yes [] No

Any oth blic benefit ] t ial it

(f) Any other public ene its (unemployment, social security, Yes No

food stamps, veteran’s, etc.)

(g) Any other sources [] Yes [] No

If you answered “Yes” to any question above, describe below or on separate pages each source of

money and state the amount that you received and what you expect to receive in the future.

If you answered “No” to all of the questions above, explain how you are paying your expenses:

4. How much money do you have in cash or in a checking, savings, or inmate account?

5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other

financial instrument or thing of value, including any item of value held in someone else’s name? If so,

describe the property and its approximate value:

6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly

expenses? describe and provide the amount of the monthly expense:

7. List all people who are dependent on you for support, your relationship with each person, and how

much you contribute to their support (only provide initials for minors under 18):

8. Do you have any debts or financial obligations not described above? Ifso, describe the amounts owed

and to whom they are payable:

Declaration: | declare under penalty of perjury that the above information is true. I understand that a false

statement may result in a dismissal of my claims.

Dated Signature

Name (Last, First, MI) Prison Identification # {if incarcerated)

Address City State Zip Code

Telephone Number E-mail Address (if available)

IFP Application, page 2

V. PLAINTIFF'S CERTIFICATION AND WARNINGS

By signing below, I certify tothe best of my knowledge, information, and belief that: (1 ) the

complaint is not being presented for an improper purpose (such as to harass, cause

unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are sup ported

by existing law or by a nonfrivolous argument to change existing law; (3) the factual

contentions have.evidentiary support or, if specifically so identified, will likely have □

evidentiary support after a reasonable opportunity for further investigation or discovery;

and (4) the complaint otherwise complies with the requirements of Federal Rule of Ci. vil

Procedure 11.

Tagree to notify the Clerk's Office in writing of any change’ to my mailing address. I

_ understand that my failure to keep a current address on file with the Clerk's Office m ay

result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to

proceed without prepayment of fees, each plaintiff must aiso submit an IFP application,

Kn

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"First eA te Middle Initial Last Name

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Ihave read the Pro Se (Nonprisoner) Consent if eive Documents Electronically:

OYes £INo ,

if you do consent to receive documents electronically, submit the completed form with your

complaint. if you do not consent, please do not attach the form,

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