Opinion
22-CV-7232 (LTS)
09-19-2022
SOHEIL ZAERPOUR, The People of the United States of America, Plaintiff, v. UBS GROUP AG, et al., Defendants.
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
Plaintiff proceeds in this matter pro se. He moves to file under seal his applications to proceed in forma pauperis (“IFP”) and his application seeking the appointment of pro bono counsel. (ECF 3.) For the reasons set forth below, the Court denies Plaintiff's motion and directs him, within 30 days of the date of this order, to pay the filing fees or submit an IFP application.
DISCUSSION
A. File Under Seal
A party requesting the sealing of court documents must overcome a strong presumption in favor of public access to judicial records, see Lugosch v. Pyramid Co., 435 F.3d 110, 119 (2d Cir. 2006), and “[t]he burden of demonstrating that a document submitted to a court should be sealed rests on the party seeking such an action,” DiRussa v. Dean Witter Reynolds, Inc., 121 F.3d 818, 826 (2d Cir. 1997). Here, Plaintiff does not state any facts in support of his motion. The Court therefore denies the motion to file under seal an IFP application and an application seeking the appointment of pro bono counsel.
B. Filing Fees
To proceed with this civil action, 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 IFP application. See 28 U.S.C. §§ 1914, 1915.
Within 30 days of the date of this order, Plaintiff must either pay the $402.00 in fees or complete, sign, and submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 22-CV-7232 (LTS). If the Court grants the 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.
CONCLUSION
The Court denies Plaintiff's motion to file under seal an IFP application and an application requesting the appointment of pro bono counsel. (ECF 3.)
The Court directs Plaintiff, within 30 days of the date of this order, to pay the filing fees or submit an IFP application.
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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.