Facts
- Plaintiff, Jorge Otero, filed a pro se civil action without paying the required fees or submitting an in forma pauperis (IFP) application [lines="20-30"].
- The court informed the plaintiff that he must pay $405.00 in fees or submit an IFP application within thirty days [lines="22-33"].
- The court stated that if the IFP application was granted, the plaintiff could proceed without prepayment of fees [lines="36-37"].
- The court warned that failure to comply with the order within the specified time would result in dismissal of the action [lines="43-44"].
- The court certified that any appeal from this order would not be taken in good faith, denying IFP status for appeal [lines="46-47"].
Issues
- Whether the plaintiff can proceed with the civil action without paying the required fees or submitting an IFP application [lines="22-30"].
- Whether the court's denial of IFP status for the purpose of an appeal was appropriate [lines="46-47"].
Holdings
- The court requires payment of fees or submission of an IFP application to proceed with the action [lines="22-30"].
- The court concluded that an appeal from this order would not be taken in good faith, thus IFP status for the appeal is denied [lines="46-47"].
OPINION
Case Information
*1 Case 1:24-cv-08600-LTS Document 5 Filed 11/19/24 Page 1 of 2 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JORGE OTERO,
Plaintiff,
-against- NEW YORK CITY OF HOUSING 24-CV-8600 (LTS) PRESERVATION AND DEVELOPMENT; ADOLFO CARRION JR.; ANN MARIE ORDER DIRECTING PAYMENT OF FEES SANTIAGO; THE CITY OF NEW YORK; OR IFP APPLICATION ERIC ADAMS, THE MAYOR OF NEW YORK CITY; WASHINGTON SOUTHEAST
APARTMENTS INC.; METRO
MANAGEMENT AND DEVELOPMENT
INC.,
Defendants. 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 $405.00 in fees – a $350.00 filing fee plus a $55.00 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 the complaint without the filing fees or an IFP application. Within thirty 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 24-CV-8600 (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).
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.
Case 1:24-cv-08600-LTS Document 5 Filed 11/19/24 Page 2 of 2 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: November 19, 2024
New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge 2