Duncan v. Summerville Municipal
- Laura Swain
- 1:24-cv-04723
- U.S. District Court · Southern District of New York
- 4
Duncan v. Summerville Municipal: Judge Swain ordered payment of $405 or an application to proceed without prepaying fees.
Derreck Keshaun Duncan must either pay the required fees or submit a signed application to proceed without prepaying them; failure to comply may result in dismissal without prejudice to refiling.
What happened
In Duncan v. Summerville Municipal, the court said Derreck Keshaun Duncan must either pay the $405 filing and administrative fees or submit a signed application to proceed without prepaying them. The action had been submitted by email.
Duncan has 30 days to comply. Until payment or a completed application is received, the court will take no further action, and no summons or answer will be required. If Duncan does not comply or request more time, the action will be dismissed without prejudice to refiling.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Duncan v. Summerville Municipal · No. 1:24-cv-04723
- Laura Swain
- June 21, 2024
Background
Derreck Keshaun Duncan submitted this civil action to the court by email. The court explained that a plaintiff must either pay the required fees or request permission to proceed without prepaying them by submitting a signed application. The required fees were $405, consisting of a $350 filing fee and a $55 administrative fee.
Order
The court ordered Duncan, within 30 days, to either pay the $405 or complete, sign, and submit the attached application to proceed without prepaying fees. The order gives payment instructions and states that no further action will be taken, and no summons will issue or answer will be required, until payment or a completed application is received. If the court grants the application, Duncan may proceed without prepaying the fees.
Disposition
If Duncan does not comply within the allowed time or request an extension, the action will be dismissed without prejudice to refiling. The court also certified 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 order did not address the underlying claims against Summerville Municipal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.