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Elvis Mota v. United States of America

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


January 7, 2011

ELVIS MOTA
PLAINTIFF,
v.
UNITED STATES OF AMERICA,
DEFENDANT.

The opinion of the court was delivered by: Loretta A. Preska, Chief United States District Judge:

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION

Plaintiff brings this pro se action. The Court directs Plaintiff to pay the $350.00 filing fee or submit a completed Request to Proceed In Forma Pauperis ("IFP") application and a Prisoner Authorization form within thirty (30) days of the date of this Order as detailed below.

In order to proceed with a civil action in this Court, Plaintiff must pay the $350.00 filing fee or ask the Court to waive the fee by requesting to proceed in forma pauperis with a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Because Plaintiff is a prisoner seeking to file a complaint in forma pauperis, Plaintiff is also subject to the provisions of the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915(b)(1), (2). The PLRA requires the Court to collect the full filing fee from Plaintiff's prison account. See 28 U.S.C. § 1915(b)(1).

Plaintiff submitted his Complaint without payment of the Court's $350.00 filing fee or an IFP application and Prisoner Authorization form.*fn1 Therefore, Plaintiff is directed to pay the $350.00 filing fee or, in the alternative, to submit a completed IFP application and Prisoner Authorization form to the Court within thirty (30) days of the date of this Order. If Plaintiff submits the IFP application and Prisoner Authorization form, they must bear the same docket number as this Order.*fn2

The Clerk of Court is directed to assign this matter to my docket. No summons shall issue at this time. If Plaintiff complies with this Order, if proper, the case shall be reassigned to a district judge 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, 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).

SO ORDERED:

LORETTA A. PRESKA Chief United States District Judge

New York, New York


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