Strauss v. Ky. Bd. Med. Licensure

Full title: JON MATTHEW STRAUSS, M.D., M.S., Plaintiff, v. KENTUCKY BOARD MEDICAL…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Oct 30, 2020

20-CV-6835L (W.D.N.Y. Oct. 30, 2020)

Opinion

20-CV-6835L

10-30-2020

JON MATTHEW STRAUSS, M.D., M.S., Plaintiff, v. KENTUCKY BOARD MEDICAL LICENSURE (KBML), Defendant.

DAVID G. LARIMER United States District Judge

DECISION AND ORDER

Pro se plaintiff, Jon Matthew Strauss, M.D., filed a Complaint (Dkt. #1) asserting claims under 42 U.S.C. § 1983, but did not pay the filing fee, nor did he submit an application to proceed in forma pauperis.

As set forth below, the Clerk of Court shall administratively terminate this action. If plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order and must include either (1) a properly supported motion to proceed in forma pauperis, or (2) the $400.00 filing fee.

DISCUSSION

The filing fee for commencing a civil action in this Court is $400.00. See 28 U.S.C. § 1914.¹ Whenever a civil action is commenced, the plaintiff must either (1) pay the filing fee or (2) submit a motion to proceed in forma pauperis. Under 28 U.S.C. § 1915(a)(1), the in forma pauperis motion must include an affidavit or affirmation establishing that the plaintiff is unable to pay the fees and costs for the proceedings. Here, plaintiff did not pay the $400.00 filing fee, nor did he submit a motion to proceed in forma pauperis.

1 Available at http://www.nywd.uscourts.gov/fee-schedule. --------

Therefore, it is

ORDER

ORDERED, that the Clerk of Court shall administratively terminate this action; and it is further

ORDERED, that the Clerk of Court is directed to send to plaintiff a form motion to proceed in forma pauperis with supporting affirmation; and it is further

ORDERED, that if plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than thirty days from the date of this Order. This writing must include either (1) aproperly supported motion to proceed in forma pauperis, or (2) the $400.00 filing fee; and it is further

ORDERED, that upon Plaintiff's submission of either (1) a motion to proceed in forma pauperis, or (2) the $400.00 filing fee, the Clerk of Court shall reopen this case.

IT IS SO ORDERED.

/s/_________

DAVID G. LARIMER

United States District Judge Dated: Rochester, New York

October 30, 2020.