Dr. Mohamed Abdelmoneim Abdelrahman Eltayeb v. U.S. Citizenship and Immigration Services (USCIS), et al.

Summary

The U.S. District Court for the Southern District of New York directs the pro se plaintiff to pay the required filing and administrative fees or submit an application to proceed in forma pauperis within 30 days. The order states that failure to comply will result in dismissal without prejudice and that no summons will issue at that time.

Holdings

1. To proceed with the civil action, plaintiff must either pay $405.00 in filing and administrative fees or submit a signed application to proceed in forma pauperis within 30 days of the order.
2. No summons shall issue at this time; the action will be processed under the Clerk's Office procedures if plaintiff complies with the order.
3. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.

Questions Presented

1. Whether a plaintiff who files a civil action without paying the required fees must either pay the fees or submit an application to proceed in forma pauperis.
2. Whether summons should issue before plaintiff satisfies the filing-fee or IFP requirement.
3. Whether in forma pauperis status should be denied for purposes of an appeal from the fee order.

Disposition

other