Jaime v. Justin
- Kenneth Karas
- 7:24-cv-04084
- U.S. District Court · Southern District of New York
- 2
In Luis Jaime v. N.P. Justin, Judge Swain ordered Jaime to pay fees or submit corrected forms within 30 days before the case could proceed.
Luis Jaime, an incarcerated plaintiff proceeding without a lawyer, must either pay the stated fees or submit the required corrected forms for the case to proceed.
What happened
In Luis Jaime v. N.P. Justin, Luis Jaime filed a civil action without paying the required fees or submitting a completed application to proceed without prepaying them. He did submit a prisoner authorization, but it allowed collection of $400 instead of the required $350 filing fee.
The court gave Jaime 30 days to either pay $405 in fees or submit the required application and a corrected prisoner authorization. The order stated that no summons would issue yet and that the case would be processed if he complied.
If Jaime did not comply on time, the action would be dismissed. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jaime v. Justin · No. 7:24-cv-04084
- Kenneth Karas
- May 30, 2024
Background
Luis Jaime, who was incarcerated at Wende Correctional Facility, filed this action without a lawyer. The complaint was submitted without the filing fees and without a completed application to proceed without prepaying fees. Jaime did submit a prisoner authorization, but that authorization allowed the court to collect $400 rather than the required $350 filing fee.
Order
The court ordered Jaime, within 30 days, to do one of two things: pay $405 in fees, consisting of the filing and administrative fees stated in the order, or submit the attached application to proceed without prepaying fees and an amended prisoner authorization. The documents were to be labeled with docket number 24-CV-4084 (LTS).
No summons was to issue at that time. The court stated that, if Jaime complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Effect of the Order
This order addressed filing-fee and application requirements; it did not decide the underlying claims against N.P. Justin. It therefore left the case subject to further processing if Jaime complied with the order. The opinion is signed by Laura Taylor Swain, although the supplied case metadata lists Kenneth Karas.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.