Wexler v. Lawyers for Children, Inc.
- Laura Swain
- 1:24-cv-04947
- U.S. District Court · Southern District of New York
- 4
In Wexler v. Lawyers for Children, Judge Swain ordered payment or an IFP application before the case could proceed.
Linnea Wexler, whose case could proceed only after she paid the $405 fee or submitted a completed and signed IFP application; failure to do so within the allowed time would result in dismissal without prejudice to refiling.
What happened
In Wexler v. Lawyers for Children, Inc., Linnea Wexler submitted a civil action to the Southern District of New York by email. The court explained that starting a civil action requires either paying the required fees or requesting permission to proceed without paying them in advance.
The court gave Wexler 30 days to pay $405 or submit a completed and signed application to proceed without prepaying fees. Until one of those steps occurred, the court would take no further action, and no summons or answer would be required. The court also said that failing to comply, or failing to request more time, would result in dismissal without prejudice to refiling.
Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appeal fees. The order did not decide the underlying claims.
The detailed version
- Wexler v. Lawyers for Children, Inc. · No. 1:24-cv-04947
- Laura Swain
- July 2, 2024
Background
Linnea Wexler submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court stated that a plaintiff must either pay the required filing fees or submit a signed application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis (IFP).
Order
The court ordered Wexler, within 30 days of the order, to do one of two things: pay $405 in fees or complete, sign, and submit the attached IFP application. The order explained that the $405 consisted of a $350 filing fee and a $55 administrative fee, while noting that the fee schedule could change.
The court stated that no further action would be taken and no summons would issue or answer would be required until it received payment or a completed and signed IFP application. If Wexler complied, the Clerk’s Office would process the case. If the court granted the IFP application, Wexler would be allowed to proceed without paying the fees in advance. The court also said that if Wexler failed to comply within the allowed time, or failed to request an extension, the action would be dismissed without prejudice to refiling.
Appeal and Effect
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 IFP status for purposes of an appeal. This order addressed payment of filing fees and the procedure for requesting permission to proceed without prepayment; 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.