Opinion
21-CV-8877 (LTS)
12-10-2021
RUDDY OSIAS, Plaintiff, v. DEPARTMENT OF CORRECTION, et al., Defendants.
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION
LAURA TAYLOR SWAIN CHIEF UNITED STATES DISTRICT JUDGE
By order dated November 4, 2021, the Court directed Plaintiff to either pay the $402.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (an “IFP application”) and prisoner authorization. On November 29, 2021, the court's Clerk's Office received Plaintiff's prisoner authorization but not an IFP application. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 21-CV-8877 (LTS).
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).
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.
SO ORDERED.