Opinion
20-CV-5346 (CM)
10-14-2020
HUBERT DUPIGNY, Plaintiff, v. UNITED STATES OF AMERICA; GEOFFREY S. BERMAN; ELINOR TORLOW; MOLLIE BRACEWELL; JACOB GUTWILLING; AARON MYSLIWIEC; THEIR OFFICERS AND AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS, AND ALL OTHERS (INCUDING SUBSIDIARIES) IN ACTIVE CONCERT OF PARTICIPATION, IN THEIR OFFICIAL AND INDIVIDUAL CAPACITY, Defendants.
ORDER :
Plaintiff, currently detained in the Metropolitan Detention Center in Brooklyn, New York, brings this action pro se. By order dated July 27, 2020, the Court directed Plaintiff, within 30 days, to pay the $400 in fees required to bring a civil action in this Court or, to proceed in forma pauperis (IFP), that is, without prepayment of fees, to submit an IFP application and prisoner authorization. By order dated September 2, 2020, the Court granted Plaintiff's request for an extension of time and directed him to pay the fees or submit an IFP application and prisoner authorization within 30 days of the date of that order. The Court is now in receipt of a letter from Plaintiff requesting another extension of time to comply with the Court's order. (ECF No. 5.)
The Court grants Plaintiff's request for an extension of time and directs Plaintiff to pay the $400 in fees or submit an IFP application and prisoner authorization within 30 days of the date of this order. No further extensions will be granted. If Plaintiff fails to comply with this order within the time allowed, the Court will dismiss the action without prejudice.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. An IFP application and prisoner authorization are attached to this order for Plaintiff's convenience.
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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: October 14, 2020
New York, New York
/s/_________
COLLEEN McMAHON
Chief United States District Judge __________ (Full name(s) of the plaintiff or petitioner applying (each person must submit a separate application) -against- __________ (Full name(s) of the defendant(s)/respondent(s).) ___ CV __________( ) ( )
(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.)
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS
I am a plaintiff/petitioner in this case and declare that I am unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to 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: __________2. Are you presently employed? [ ] Yes [ ] No
Do you receive any payment from this institution? [ ] Yes [ ] No
Monthly amount: __________
If I am a prisoner, see 28 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 for the 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.
If "yes," my employer's name and address are: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.
Gross monthly pay or wages: __________
If "no," what was your last date of employment? __________
Gross monthly wages at the time: __________
| (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 |
| (f) Any other public benefits (unemployment, social security,food stamps, veteran's, etc.) | [ ] Yes [ ] No |
| (g) Any other sources | [ ] Yes [ ] No |
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? If so, 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? If so, describe the amounts owed and to whom they are payable: Declaration: I 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. __________
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:
Dated
__________
Signature __________
Name (Last, First, MI)
__________
Prison Identification # (if incarcerated) __________
Address __________
City __________
State __________
Zip Code __________
Telephone Number
__________
E-mail Address (if available) __________ (full name of the plaintiff/petitioner) -against- __________ (full name(s) of the defendant(s)/respondent(s)) ___CV __________( ) ( )
(Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.)
PRISONER AUTHORIZATION
By signing below, I acknowledge that: (1) because I filed this action as a prisoner, I am required by statute (28 U.S.C. § 1915) to pay the full filing fees for this case, even if I am granted the right to proceed in forma pauperis (IFP), that is, without prepayment of fees; (2) if I am granted IFP status, the full $350 filing fee will be deducted in installments from my prison account, even if my case is dismissed or I voluntarily withdraw it. I authorize the agency holding me in custody to: (1) send a certified copy of my prison trust fund account statement for the past six months (from my current institution or any institution in which I was incarcerated during the past six months); (2) calculate the amounts specified by 28 U.S.C. § 1915(b), deduct those amounts from my prison trust fund, and disburse those amounts to the Court. This authorization applies to any agency into whose custody I may be transferred and to any other district court to which my case may be transferred. __________
Date
A "prisoner" is "any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions of parole, probation, pretrial release, or diversionary program." 28 U.S.C. § 1915(h). --------
__________
Signature __________
Name (Last, First, MI) __________
Prison Identification # __________
Address __________
City __________
State __________
Zip Code