Opinion
21-CV-7718 (LTS)
09-15-2021
JACQUELINE CANO YORRO, Plaintiff, v. COMMISSIONER AUGUSTINE, ET AL., Defendants.
ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION
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 $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 already has another pending action in this Court. See Yorro v. Carro et al., 1:21-cv-04900-UA (S.D.N.Y. filed June 1, 2021).
Plaintiff submitted an IFP application, but it is unsigned and incomplete. The Court is therefore unable to conclude on the basis of this IFP application that Plaintiff is unable to afford the cost of suit.
Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit an amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 21-CV-7718 (LT S) and address the deficiencies described above by providing facts to establish that she is unable to pay the filing fees. If the Court grants the amended 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 fails to comply with this order within the time allowed, the action will be dismissed without prejudice.
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).
SO ORDERED.