Hayes v. Larry/Landlord
- Laura Swain
- 1:24-cv-04102
- U.S. District Court · Southern District of New York
- 4
In Hayes v. Larry/Landlord, Chief Judge Swain ordered Hayes to pay fees or submit an application to proceed without prepayment.
Henry C. Hayes, who must either pay the $405 fees or submit a signed application to proceed without prepaying fees within 30 days.
What happened
Henry C. Hayes sued Larry/Landlord in Hayes v. Larry/Landlord without a lawyer. Hayes submitted the complaint but did not pay the required fees or provide an application to proceed without prepaying them.
The court ordered Hayes, within 30 days, to either pay $405 or submit a signed application to proceed without prepayment of fees. The court said no summons would issue yet, and the case would be processed if Hayes complied. If Hayes did not comply on time, the action would be dismissed.
Chief United States District Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Hayes v. Larry/Landlord · No. 1:24-cv-04102
- Laura Swain
- June 13, 2024
Background
Henry C. Hayes brought this civil action without a lawyer. The opinion does not describe the claims against Larry/Landlord. Hayes submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that filing a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application requesting authorization to proceed without prepaying fees under 28 U.S.C. § 1915.
The court ordered Hayes to take one of those two steps within 30 days of the order. If Hayes submits the application, it must identify docket number 24-CV-4102 (LTS). If the court grants the application, Hayes may proceed without prepaying fees. No summons would issue at that time. If Hayes fails to comply within the allowed period, the action will be dismissed.
Appeal and disposition
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order directed payment of the filing fee or submission of an application; it did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.