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Suhee Kang v. Cuccinelli

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 19, 2021
20-CV-10648 (CM) (S.D.N.Y. Jan. 19, 2021)

Opinion

20-CV-10648 (CM)

01-19-2021

SUHEE KANG, Petitioner, v. KEN CUCCINELLI, Director of USCIS, et al., Respondents.


ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION

COLLEEN McMAHON, Chief United States District Judge:

Petitioner brings this petition for a writ of mandamus pro se. To proceed with a civil action in this Court, Petitioner 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.

Petitioner submitted the petition without the filing fees or an IFP application. Within thirty days of the date of this order, Petitioner must either pay the $402.00 in fees or submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 20-CV-10648 (CM). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1).

The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. No. summons shall issue at this time. If Petitioner 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. 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.


Summaries of

Suhee Kang v. Cuccinelli

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 19, 2021
20-CV-10648 (CM) (S.D.N.Y. Jan. 19, 2021)
Case details for

Suhee Kang v. Cuccinelli

Case Details

Full title:SUHEE KANG, Petitioner, v. KEN CUCCINELLI, Director of USCIS, et al.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jan 19, 2021

Citations

20-CV-10648 (CM) (S.D.N.Y. Jan. 19, 2021)