Opinion
23-CV-10751 (LTS)
01-02-2024
LUTHER LOPEZ, Plaintiff, v. NEW YORK SECRETARY OF STATE ROBERT RODRIGUEZ, in his official capacity, Defendant.
DIRECTING PAYMENT OF FEES 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 $405.00 in fees - a $350.00 filing fee plus a $55.00 administrative fee - or, to request authorization to proceed in forma pauperis (“IFP”), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.
Plaintiff submitted an IFP application, but he has not provided sufficient information to allow the Court to determine whether he is unable to pay the filing fees. Plaintiff states that he is unemployed, but that when he was employed as a food delivery driver his monthly wages were $800-$1000. (See ECF 2, at 1.) He does not answer the question on the form concerning his last date of employment. Plaintiff further states that he has no source of income, but he does not answer the question asking him to explain how he is paying his monthly expenses. He also asserts that he has less than $100 in cash or the bank, and has no property, but he pays rent in the amount of $1000. Finally, Plaintiff indicates that he has student loans totaling $24,000, and other debts. Because Plaintiff provides insufficient information about how he is able to pay his living expenses without any source of income, the Court is unable to conclude, without additional information, that he is unable to afford the filing fees.
Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or submit an amended IFP application. If Plaintiff submits an amended IFP application, he should provide answers to all relevant questions on the application and allege facts to establish that he is unable to pay the filing fees. The amended IFP application should be labeled with docket number 23-CV-10751 (LTS). 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).
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 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.