Song v. Owen Minor Inc.
- Laura Swain
- 1:24-cv-04148
- U.S. District Court · Southern District of New York
- 4
In Song v. Owen Minor, Judge Swain ordered payment of $405 or an application to proceed without prepaying fees within 30 days.
Eugenia Song must either pay the required $405 or submit a signed application to proceed without prepaying fees within 30 days. If she does not comply, the action will be dismissed; no summons will issue at this time.
What happened
Eugenia Song sued Owen Minor Inc. without a lawyer but did not submit the required filing fees or an application to proceed without prepaying fees.
The court ordered Song, within 30 days, to either pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a signed application asking to proceed without prepaying fees. No summons will issue yet, and the action will be dismissed if Song does not comply.
Judge Laura Taylor Swain also denied fee-free status for any appeal, certifying that an appeal from this order would not be taken in good faith.
The detailed version
- Song v. Owen Minor Inc. · No. 1:24-cv-04148
- Laura Swain
- June 3, 2024
Background
Eugenia Song brought this civil action against Owen Minor Inc. and is representing herself. She submitted a complaint without paying the required fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that starting a civil action requires either payment of $405— a $350 filing fee plus a $55 administrative fee—or a signed application to proceed without prepaying fees. The court directed Song to take one of those steps within 30 days of the order. If she submits the application, it must identify docket number 24-CV-4148 (LTS). If the court grants the application, she may proceed without paying the fees in advance.
No summons will issue at this time. If Song complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed.
Appeal-Fee Ruling
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Classification
This is a procedural order because it addresses the filing fee or fee-waiver requirement before the court reaches the merits of Song’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.