Opinion
21-CV-8669 (LTS)
10-22-2021
DAVID LOUIS WHITEHEAD, Plaintiff, v. PETE BUTTIGIEG, et al., Defendants.
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION
LAURA TAYLOR SWAIN, Chief United States District Judge
Plaintiff brings this action pro se. In addition to his complaint, he files an “emergency motion to stay proceedings and extension of time to pay the filing fees.” (ECF 2.) As set forth below, the Court grants Plaintiff 30 days to pay the filing fee or submit an application to proceed in forma pauperis (IFP), and denies the motion to stay the proceedings.
To proceed with a civil action in this Court, a plaintiff must either pay $402.00 in fees - a $350.00 filing fee plus a $52.00 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 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-8669 (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).
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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. 1
The Court directs the Clerk of Court to terminate the “emergency motion to say the proceedings and extension of time to pay filing fees.” (ECF 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. 2