Xu v. Apple USA

Filing 4

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Cou rt is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 5/3/2021. In Forma Pauperis (IFP) Application due by 5/3/2021. (Signed by Judge Colleen McMahon on 4/1/21) (Attachments: # 1 Supplement ifp) (bl) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JIAHONG XU,
Plaintiff,
-againstAPPLE USA,

21-CV-00770 (CM)
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION

Defendant.
COLLEEN McMAHON, Chief United States District Judge:
Plaintiff, who is proceeding pro se, submitted his complaint without the relevant fees or
an application for leave to proceed in forma pauperis (IFP). By order dated February 1, 2021, the
Court directed Plaintiff to either pay the fees or submit an IFP application. On March 31, 2021,
the Court received from Plaintiff an incomplete IFP application. It lacks the signature page. (ECF
3.) The Court grants Plaintiff a final opportunity to comply. Within thirty days of the date of this
order, Plaintiff must either pay the $400.00 in fees or submit a complete IFP application. If
Plaintiff submits the IFP application, it should be signed and labeled with docket number 21-CV00770 (CM). 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. 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 in forma pauperis 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:

April 1, 2021
New York, New York
COLLEEN McMAHON
Chief United States District Judge

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