Opinion
23-CV-8099 (LTS)
10-04-2023
JEFFREY COHEN, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.
ORDER
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
By order dated September 22, 2023, the Court directed Plaintiff, who is incarcerated, to pay $402.00 in fees - a $350.00 filing fee plus a $52.00 administrative fee - or request authorization to proceed in forma pauperis (“IFP”), that is, without prepayment of the filing fee, by filing an IFP application and a prisoner authorization. The Court explained in that order that should Plaintiff submit an IFP application and prisoner authorization, and should the Court grant that IFP application, Plaintiff would only be required to pay $350.00, in installments, from his prisoner account because the $52.00 administrative fee does not apply to persons granted IFP status under 28 U.S.C. § 1915.
On October 3, 2023, the Clerk's Office received a payment from Plaintiff in the amount of $350.00; Plaintiff did not pay the $52.00 administrative fee. Accordingly, the Court directs the Finance Department of the Clerk's Office to return the $350.00 payment to Plaintiff. Plaintiff shall have 30 days from the date of this order to either pay $402.00 in fees, the total amount of fees, or to complete, sign, and submit the attached IFP application and prisoner authorization.
No summons shall be issued 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.