Opinion
21-CV-7096 (LTS)
08-24-2021
LINDELL R. DIAZ, Plaintiff, v. MB USA; MB WHITE PLAINS PEPE GROUP, Defendants.
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this action pro se, seeking an extended warranty for a vehicle that he purchased for $71, 326.31 in cash. (ECF 2 at 6.) 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 in forma pauperis (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 states that he is unemployed, but he does not answer any questions about his assets or how he is paying his expenses. Thus, the Court is unable to conclude that Plaintiff is unable to pay 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 21-CV-7096 (LTS) and address the deficiencies described above by providing facts to establish that he is unable to pay the filing fees.
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 to Plaintiff's refiling it.
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.