Opinion

Brown v. RXR Soyo Exalta LLC

Court
District Court, S.D. New York
Filed
Apr 28, 2025
Cited by
0 cases
Authority
More cited than 35.0%

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

MARLA BROWN,

Plaintiff,

25-CV-3425 (LTS)

-against-

ORDER DIRECTING PAYMENT OF FEE

RXR SOYO EXALTA LLC; JENNIFER

OR IFP APPLICATION

ALEXANDER; ALISON LENIHAN, ESQ.;

STATE OF NEW YORK,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

This action was submitted to the court by email and has been assigned the docket number

listed above. To proceed with a civil action, a plaintiff must either pay the $405.00 in fees or, to

request authorization to proceed without prepayment of fees, submit a signed in forma pauperis

(“IFP”) application. See 28 U.S.C. §§ 1914, 1915.1

Within 30 days of the date of this order, Plaintiff must either pay the $405.00 in fees or, if

Plaintiff is unable to pay such fees, Plaintiff should complete, sign, and submit the attached IFP

application. Payment of the fees should be mailed to the following address: United States District

Court for the Southern District of New York, Cashiers-Room 260, 500 Pearl Street, New York,

NY 10007. Payment of the fees by mail must (1) be made by money order or certified check; (2)

be made payable to: Clerk, USDC, SDNY; and (3) include the docket number listed above.

Personal checks are not accepted. Payment of the fees also can be made in person at the

courthouse by credit card, money order, certified check, or cash.

1 The $405.00 in fees includes a $350.00 filing fee plus a $55.00 administrative fee.

(Please check the fee schedule on the website for any updates.)

No further action will be taken in this case, and no summons shall issue or answer be

required, until the fees are paid or a completed and signed IFP application is received. If Plaintiff

complies with this order, the case shall be processed in accordance with the procedures of the

Clerk’s Office. 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). If Plaintiff submitted proper payment

for this action before receiving this order, the case will proceed once that payment is processed.

If Plaintiff fails to comply with this order within the time allowed, or fails to seek an

extension of time to comply, the action will be dismissed without prejudice to refiling.

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 28, 2025

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.