Opinion
22-CV-1954 (LTS)
03-15-2022
DAMONTE BROWN, Plaintiff, v. 46TH PRESIDENT OF THE UNITED STATES OF AMERICA, Defendant.
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 submitted an IFP application, but his responses do not establish that he is unable to pay the filing fees. Plaintiff submitted an IFP application, but he either did not answer the questions or wrote “N/A” or “see attached.” (ECF 1-1.) In an attachment to the IFP application, Plaintiff states that he is a “sole proprietor” and declines to answer any questions about his financial circumstances to “maintain [his] privacy.” (ECF 1-2.) The Court is thus unable to conclude that Plaintiff is unable to afford the filing fees.
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 22-CV-1954 (LTS), be fully completed, and address the deficiencies described above by providing facts to establish that he 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). 1
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).
Plaintiff consents to electronic service. (ECF 2 at 9.)
SO ORDERED. 2