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Emm V Green Things Landscaping Llc

UNITED STATES DISTRICT COURT                                              
SOUTHERN DISTRICT OF NEW YORK                                             
JACQUELYN EMM; SERGIO BROOKS;                                             
GREEN THINGS LANDSCAPING LLC                                              
                  Plaintiffs,                                            
                                          25-CV-5768 (LTS)               
            -against-                                                    
                                  ORDER DIRECTING PAYMENT OF FEE         
                                        OR IFP APPLICATION               
TRAMZ HOTEL GROUP, LLC; GRAPNEL                                           
                                      AND PARTIAL DISMISSAL              
LLC; TARUNNUM MURAD IRREVOCABLE                                           
TRUST I,                                                                  
                  Defendants.                                            
LAURA TAYLOR SWAIN, Chief United States District Judge:                   
    Plaintiffs Jacquelyn Emm, Sergio Brooks, and Green Things Landscaping LLC bring this 
action pro se. As set forth in this order, the Court (1) directs Emm and Brooks to either pay the 
fees to initiate a new civil action or each request that the fees be waived; and (2) dismisses the 
claims brought by Green Things Landscaping LLC (“Green Things”), without prejudice to Green 
Things retaining counsel.                                                 
                          DISCUSSION                                     
A.   Fees                                                                 
    To proceed with a civil action in this court, a plaintiff must either pay $405.00 in fees—a 
$350.00 filing fee plus a $55.00 administrative fee—or, to request authorization to proceed 
without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.  
    Plaintiffs Emm and Brooks submitted the complaint without the filing fees or an IFP 
application. Within thirty days of the date of this order, Plaintiffs must either pay the $405.00 in 
fees or both Emm and Brooks each must submit the attached IFP applications. If Plaintiffs 
submit the IFP application, each application should be labeled with docket number 25-CV-5768. 
If the Court grants the IFP applications, Plaintiffs will be permitted to proceed without 
prepayment of fees. See 28 U.S.C. § 1915(a)(1).                           
B.   Green Things                                                         
    Corporations, nonprofit organization, and other artificial entities cannot proceed pro se. 
Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202 (1993) 

(noting that “lower courts have uniformly held that 28 U.S.C. § 1654, providing that “parties 
may plead and conduct their own cases personally or by counsel,” does not allow corporations, 
partnerships, or associations to appear in federal court otherwise than through a licensed 
attorney” (citations omitted)); see also Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 
(2d Cir. 1983) (noting that “it is established that a corporation, which is an artificial entity that 
can only act through agents, cannot proceed pro se”). Thus, the claims brought on behalf of 
Green Things are dismissed without prejudice to Green Things retaining counsel. 
                          CONCLUSION                                     
    No summons shall issue at this time. If Plaintiffs Emn and Brooks comply with this order, 
the case shall be processed in accordance with the procedures of the Clerk’s Office. If Plaintiffs 

fail to comply with this order within the time allowed, the action will be dismissed. 
    The Court dismisses the claims brought on behalf of Plaintiff Green Things Landscaping 
LLC, without prejudice to this plaintiff retaining counsel.               
    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:  July 23, 2025                                                    
      New York, New York                                                 

                                   /s/ Laura Taylor Swain                
                                      LAURA TAYLOR SWAIN                 
                                    Chief United States District Judge