October 22, 2013
BENESSE R. SIMPSON, Plaintiff,
PATRICK R. DONAHOE, Postmaster General, Defendant.
MILTON I. SHADUR, Senior District Judge.
On September 24, 2013 this Court entered a memorandum order ("Order II") that denied the application of pro se plaintiff Benesse Simpson ("Simpson") for leave to file in forma pauperis ("IFP"). On October 10 Simpson responded by paying the $400 filing fee so that this case can go forward.
One subject that bears renewed mention at this threshold stage is the timeliness of this action, a matter that this Court had confirmed in its initial September 4, 2013 memorandum order ("Order I"). Because Order II, in denying Simpson's motion for IFP status, had allowed Simpson to pay the filing fee before October 11 and she did so on October 10, this Court holds that she is entitled to retain her original filing date of August 28 for purposes of coming within the 90-day limitation period following her receipt of the final agency decision rejecting her claim.
One last item. Because Simpson is representing herself, she should understand that she bears the responsibility for arranging for service of process on defendant Donahoe. In the meantime this Court is issuing its customary initial scheduling order, setting the first status hearing for 9 a.m. January 24, 2014.