Opinion
22-CV-9506 (LTS)
11-14-2022
7 WEST 21 LI LLC, Plaintiff, v. CLEMENT MOSSERI, Defendant.
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION
LAURA TAYLOR SWAIN, Chief United States District Judge
Defendant brings this action pro se. To proceed with a civil action in this Court, a defendant must either pay $402.00 in fees - a $350.00 filing fee plus a $52.00 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.
Defendant submitted the notice of removal without the filing fees or an IFP application. Within thirty days of the date of this order, Defendant must either pay the $402.00 in fees or submit the attached IFP application. If Defendant submits the IFP application, it should be labeled with docket number 22-CV-9506 (LTS). If the Court grants the IFP application, Defendant 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 Defendant complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Defendant fails to comply with this order within the time allowed, the action will be remanded to the state court.
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.