Opinion
22 Civ. 5067 (ER)
06-22-2022
WILBERT INGRAM IV, Plaintiff, v. ANDREW CUOMO, THOMAS P. DINAPOLI, LETITIA JAMES, ROSSANA ROSADO, ANTONY BLINKEN, MG DONNA W. MARTIN, MERRICK GARLAND, DAVID P. PEKOSKE, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY, MARK A. MORGAN, FEDERAL BUREAU OF IMMIGRATION & CUSTOMS ENFORCEMENT, and UNITED STATES OF AMERICA AND STATES, Defendants.
ORDER
Edgardo Ramos, U.S.D.J.
Plaintiff William Ingram IV, who appears pro se, originally brought this action as a miscellaneous action for which he paid a $49 filing fee. By order dated June 16, 2022, the Court directed the Clerk of Court to administratively close Plaintiff's miscellaneous action, and to reopen it as a new civil action assigned to the undersigned. ECF 1:22-MC-0147, Doc. 3. Accordingly, the Clerk of Court has reopened this action as a new civil action under docket number 1:22-CV-5067, and has assigned it to the undersigned.
To proceed with a civil action in this court, a plaintiff must either pay at total of $402 in fees - a $350 filing fee plus a $52 administrative fee - or, to request authorization to proceed without prepayment of fees, submit a completed and signed in forma pauperis (“IFP”) application. See 28 U.S.C. §§ 1914, 1915.
Plaintiff has paid only a $49 fee to bring this action, and he has not submitted an IFP application. The Court therefore directs the Clerk of Court to refund to Plaintiff the $49 fee he paid in the miscellaneous action, 1:22-MC-0147, and to mail a copy of this order to the Plaintiff. The Court also directs Plaintiff, within 30 days of the date of this order, to either pay a total $402 in fees or complete, sign, and submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 1:22-CV-5067 (ER). If the Court grants the IFP application, Plaintiff will be permitted to proceed in the new civil action without prepayment of fees. See § 1915(a)(1).
No summons shall issue at this time with respect to the new civil action. If Plaintiff complies with this order, the new civil action shall be processed in accordance with the procedures of the Clerk of Court. If Plaintiff fails to comply with this order within the time allowed, the new civil 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. 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.