Barth v. Houghton Mifflin Company et al

Filing 8

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 Court 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 4/7/2025. In Forma Pauperis (IFP) Application due by 4/7/2025. (Signed by Judge Laura Taylor Swain on March 6, 2025) (Attachments: #1 IFP Application) (keb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOHN BARTH, JR.,
Plaintiff,
-againstHOUGHTON MIFFLIN CO., ET AL.,

25-CV-1777 (LTS)
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION

Defendants.
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. 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.

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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.)

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:

March 6, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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