Duncan v. City of New York
- Vernon Broderick
- 1:24-cv-04438
- U.S. District Court · Southern District of New York
- 2
In Duncan v. City of New York, Judge Swain ordered payment or a fee-waiver application within 30 days.
Branden Duncan, who must either pay the required fees or submit the required application within 30 days to avoid dismissal without prejudice.
What happened
In Branden Duncan v. City of New York, et al., the plaintiff filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Duncan, within 30 days, to pay $405 or submit the required application. The court also said that no summons would issue at that time.
Judge Laura Taylor Swain stated that failure to comply would result in dismissal without prejudice and denied permission to appeal without prepaying fees.
The detailed version
- Duncan v. City of New York · No. 1:24-cv-04438
- Vernon Broderick
- June 14, 2024
Background
Branden Duncan brought this civil action without a lawyer. The opinion states that he submitted the complaint without paying the required filing fees and without an application to proceed without prepaying fees.
Order
The court explained that filing a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or submission of a signed application to proceed without prepaying fees. The court ordered Duncan to take one of those steps within 30 days and to identify the submission with docket number 24-CV-4438. No summons would issue at that time.
If Duncan did not comply within the permitted time, the action would be dismissed without prejudice, meaning the opinion did not bar a later filing. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order was signed by Chief United States District Judge Laura Taylor Swain. The opinion did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.