Hairston v. Commissioner of Social Security

Filing 6

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff brings this action pro se. To proceed with a civil action in this Court, a plaintiff must either pay $400.00 in fees-a $350.00 filing fee plus a $50.00 a dministrative 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. Plaintiff submitted the Complaint without th e filing fees or an IFP application. Within 30 days of the date of this Order, Plaintiff must either pay the $400.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-5600. 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). The Clerk of Court is directed to mail a cop y of this order to Plaintiff and note service on the docket. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. As noted in the Court's Scheduling Order (see ECF No. 5), the Commissioner will then have 90 days to file the Electronic Certified Administrative Record, or, alternatively, 60 days to file a motion to dismiss. If Plaintiff fails to comply with this order within the time all owed, 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. Copp edge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Filing Fee due by 11/27/2020. In Forma Pauperis (IFP) Application due by 11/27/2020. (Signed by Magistrate Judge Katharine H. Parker on 10/28/2020) (mro) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-05600-LTS-KHP Document 6 Filed 10/28/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10/28/2020

DENISE HAIRSTON,
Plaintiff,
-againstCommissioner of Social Security,

20-cv-5600
ORDER DIRECTING PAYMENT OF FEE OR IFP
APPLICATION

Defendant.
KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE:
Plaintiff brings this action pro se. To proceed with a civil action in this Court, a plaintiff
must either pay $400.00 in fees – a $350.00 filing fee plus a $50.00 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.
Plaintiff submitted the Complaint without the filing fees or an IFP application. Within 30
days of the date of this Order, Plaintiff must either pay the $400.00 in fees or submit the
attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket
number 20-CV-5600. 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).
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service
on the docket. If Plaintiff complies with this order, the case shall be processed in accordance
with the procedures of the Clerk’s Office. As noted in the Court’s Scheduling Order (see ECF No.
5), the Commissioner will then have 90 days to file the Electronic Certified Administrative
Record, or, alternatively, 60 days to file a motion to dismiss. If Plaintiff fails to comply with this
order within the time allowed, the action will be dismissed.

Case 1:20-cv-05600-LTS-KHP Document 6 Filed 10/28/20 Page 2 of 2

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.
Dated:

October 28, 2020
New York, New York
KATHARINE H. PARKER
United States Magistrate Judge

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