Williams v. The New York State Division of Human Rights et al

Filing 4

ORDER: In light of the plaintiff's pro se status, the Court extends the time to comply with the notice of deficient filing. To proceed with this action, the plaintiff must return a completed IFP application1 or pay the $402 filing fee (mad e payable to the Clerk of Court of the Eastern District of New York) within 30 days from the date of this order. No further extension will be granted without good cause shown. If the plaintiff does not comply with this order within the time allowed, this action will be dismissed without prejudice. The defendants are not required to submit a response at this time. The Clerk of Court is respectfully requested to resend the IFP application to the plaintiffalong with this order and to note the mailing on the docket. The plaintiff may contact the City Bar Justice Center's Federal Pro Se Legal AssistanceProject at [phone] for free, limited-scope legal assistance. Ordered by Judge Ann M. Donnelly on 11/14/2023. (DG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------- X
:
DONALD WILLIAMS,
:
Plaintiff,
: ORDER
– against –
NEW YORK STATE DIVISION OF HUMAN
RIGHTS and KONE ELEVATORS, INC.,

: 23-CV-7729 (AMD) (LB)
:
:

:
Defendants.
--------------------------------------------------------------- X
ANN M. DONNELLY, United States District Judge:
On October 3, 2023, the pro se plaintiff brought this action against the New York State
Division of Human Rights and Kone Elevators, Inc. (ECF No. 1.) The plaintiff did not pay the
filing fee to commence the action or apply to proceed in forma pauperis (“IFP”). On October
17, 2023, the Clerk of Court sent the plaintiff a letter directing him to cure this deficiency within
14 days and enclosed a copy of the IFP form. (ECF No. 2.) To date, the plaintiff has not paid
the filing fee or applied to proceed IFP.
Under 28 U.S.C. § 1914, the filing fee to commence a civil action is $350 plus an
administrative fee of $52, for a total of $402. Under 28 U.S.C. § 1915, the Court may waive the
filing fee for an indigent plaintiff. A plaintiff seeking to proceed IFP must submit an affidavit
stating that “the person is unable to pay” filing fees “or give security therefor” and must also
include “a statement of all assets” the person possesses. Id. § 1915(a)(1). A litigant qualifies to
proceed IFP if he “cannot because of his poverty pay or give security for” the costs of filing “and
still be able to provide himself and dependents with the necessities of life.” Adkins v. E.I.
DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). A court may dismiss a case that has been
filed IFP if the court determines that the plaintiff’s “allegation of poverty is untrue.” 28 U.S.C.

§ 1915(e)(2)(A). A plaintiff’s eligibility for IFP status is within the discretion of the district
court. Chowdhury v. Sadovnik, No. 17-CV-2613, 2017 WL 4083157, at *1 (E.D.N.Y. Sept. 14,
2017) (collecting cases).
In light of the plaintiff’s pro se status, the Court extends the time to comply with the
notice of deficient filing. To proceed with this action, the plaintiff must return a completed IFP
application1 or pay the $402 filing fee (made payable to the Clerk of Court of the Eastern District
of New York) within 30 days from the date of this order. No further extension will be granted
without good cause shown. If the plaintiff does not comply with this order within the time
allowed, this action will be dismissed without prejudice. The defendants are not required to
submit a response at this time.
The Clerk of Court is respectfully requested to resend the IFP application to the plaintiff
along with this order and to note the mailing on the docket.
The plaintiff may contact the City Bar Justice Center’s Federal Pro Se Legal Assistance
Project at [phone] for free, limited-scope legal assistance.
SO ORDERED.

s/Ann M. Donnelly

___________________________
ANN M. DONNELLY
United States District Judge
Dated: Brooklyn, New York
November 14, 2023

1

A fillable IFP form is also available at https://www.uscourts.gov/forms/fee-waiver-applicationforms/application-proceed-district-court-without-prepaying-fees-or. The plaintiff must submit a
separate IFP application for each civil action he files.

2