Opinion
19-CV-6705 (WFK) (LB)
01-14-2020
KHALID EVAN LOUIS, Plaintiff, v. SUPREME COURT STATE OF NEW YORK COUNTY OF QUEENS, et al., Defendants.
MEMORANDUM & ORDER :
On November 19, 2019, Plaintiff filed the instant pro se action. By letter dated December 2, 2019, the Court informed Plaintiff that his submission was deficient as he failed to pay the filing fee or submit an application for in forma pauperis relief. Plaintiff was provided with the in forma pauperis form and instructed that, in order to proceed, he was required to cure the deficiency within 14 days. On December 10, 2019, Plaintiff returned the form—signed but otherwise blank—with a stamp across all pages citing to Crandall v. State, 73 U.S. 35 (1867). (ECF No. 4). However, as every case addressing Plaintiff's argument has held, Crandall has nothing to do with the statutory requirement in 28 U.S.C. § 1914 that a plaintiff must pay a filing fee or be excused by reason of in forma pauperis status under 28 U.S.C. § 1915. See. e.g., Gaul v. Chrysler Fin. Servs. Ams., LLC., 15-1337, 657 F. App'x 16, 19 (2d Cir. July 1, 2016); Eric v. Kansas, 19-CV-4083, 2019 WL 5787950, at *1 (D. Kan. Nov. 6, 2019); Neighbors v. Smith, 17-CV-4028, 2017 WL 1951000, at *2 (D. Kan. May 11, 2017); Walker v. Village Court, 17-CV-390, 2017 WL 4220415, at *1 (N.D.N.Y. Aug. 4, 2017) (Peebles, Mag. J.); Marrakush Society v. New Jersey State Police, 09-2518, 2009 WL 2366132, at *36 (D.N.J. July 30, 2009).
Accordingly, the action is dismissed without prejudice. 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to mail this order to the address of record and close this case.
SO ORDERED.
s/WFK
WILLIAM F. KUNTZ, II
United States District Judge Dated: January 14, 2020
Brooklyn, New York