Tweedy v. RTI International
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 10/25/2024. In Forma Pauperis (IFP) Application due by 10/25/2024. (Signed by Judge Laura Taylor Swain on 9/25/2024) (sac)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DAVID C. TWEEDY,
Plaintiff,
-against-
24-CV-7202 (LTS)
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION
RTI INTERNATIONAL,
Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
This action was submitted to the court by email and has been assigned the docket number
listed above. To proceed with a civil action, a plaintiff must either pay the $405.00 in fees 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. 1
Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees
or, if Plaintiff is unable to pay such fees, Plaintiff should complete, sign, and submit the attached
IFP application. 2 Payment of the fees should be mailed to the following address: United States
District Court for the Southern District of New York, Cashiers-Room 260, 500 Pearl Street, New
York, NY 10007. Payment of the fees by mail must (1) be made by money order or certified
check; (2) be made payable to: Clerk, USDC, SDNY; and (3) include the docket number listed
above. Personal checks are not accepted. Payment of the fees also can be made in person at the
courthouse by credit card, money order, certified check, or cash.
1
The $405.00 in fees includes a $350.00 filing fee plus a $55.00 administrative fee.
(Please check the fee schedule on the website for any updates.) A defendant removing an action
from state to federal court is responsible for the filing fees.)
2
If more than one plaintiff has joined in this action, and if all of the plaintiffs seek to
proceed IFP, each of the plaintiffs must complete, sign, and submit a separate IFP application.
No further action will be taken in this case, and no summons shall issue or answer be
required, until the fees are paid or a completed and signed IFP application is received. If Plaintiff
complies with this order, the case shall be processed in accordance with the procedures of the
Clerk’s Office. 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). If Plaintiff submitted proper payment
for this action before receiving this order, the case will proceed once that payment is processed.
If Plaintiff fails to comply with this order within the time allowed, or fails to seek an
extension of time to comply, the action will be dismissed without prejudice to refiling.
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:
September 25, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
2
U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK
(full name of the plaintiff or petitioner applying (each person
must submit a separate application))
-against-
CV
(
) (
)
(Provide docket number, if available; if filing this with
your complaint, you will not yet have a docket number.)
(full name(s) of the defendant(s)/respondent(s))
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS
I am a plaintiff/petitioner in this case and declare that I am unable to pay the costs of these proceedings
and I believe that I am entitled to the relief requested in this action. In support of this application to
proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are
true:
1.
Are you incarcerated?
Yes
No
(If “No,” go to Question 2.)
I am being held at:
Do you receive any payment from this institution?
Yes
No
Monthly amount:
If I am a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization”
directing the facility where I am incarcerated to deduct the filing fee from my account in installments
and to send to the Court certified copies of my account statements for the past six months. See 28
U.S.C. § 1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee.
2.
Are you presently employed?
Yes
No
If “yes,” my employer’s name and address are:
Gross monthly pay or wages:
If “no,” what was your last date of employment?
Gross monthly wages at the time:
3.
In addition to your income stated above (which you should not repeat here), have you or anyone else
living at the same residence as you received more than $200 in the past 12 months from any of the
following sources? Check all that apply.
(a) Business, profession, or other self-employment
(b) Rent payments, interest, or dividends
SDNY Rev: 8/5/2015
Yes
Yes
No
No
(c) Pension, annuity, or life insurance payments
Yes
No
(d) Disability or worker’s compensation payments
Yes
No
(e) Gifts or inheritances
(f) Any other public benefits (unemployment, social security,
food stamps, veteran’s, etc.)
(g) Any other sources
Yes
No
Yes
No
Yes
No
If you answered “Yes” to any question above, describe below or on separate pages each source of
money and state the amount that you received and what you expect to receive in the future.
If you answered “No” to all of the questions above, explain how you are paying your expenses:
4.
How much money do you have in cash or in a checking, savings, or inmate account?
5.
Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other
financial instrument or thing of value, including any item of value held in someone else’s name? If so,
describe the property and its approximate value:
6.
Do you have any housing, transportation, utilities, or loan payments, or other regular monthly
expenses? If so, describe and provide the amount of the monthly expense:
7.
List all people who are dependent on you for support, your relationship with each person, and how
much you contribute to their support (only provide initials for minors under 18):
8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed
and to whom they are payable:
Declaration: I declare under penalty of perjury that the above information is true. I understand that a false
statement may result in a dismissal of my claims.
Dated
Signature
Name (Last, First, MI)
Prison Identification # (if incarcerated)
Address
Telephone Number
City
State
E-mail Address (if available)
IFP Application, page 2
Zip Code
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