Button v. Doherty

Background

Dusty Button and Mitchell Taylor Button submitted this civil action to the U.S. District Court for the Southern District of New York by email. The case was assigned docket number 24-CV-5026. Juliet Doherty and other defendants are listed in the caption.

Order

The court explained that a plaintiff starting a civil action must either pay the required fees or request permission to proceed without prepaying them by submitting a signed application. The required payment was $405, consisting of a $350 filing fee and a $55 administrative fee.

The court gave the plaintiffs 30 days from the date of the order to pay the fees or submit completed and signed applications to proceed without prepayment. If both plaintiffs seek that status, each must submit a separate application. The order provided instructions for paying by mail or in person.

Until the fees are paid or a completed and signed application is received, the court will take no further action, and no summons will issue or answer will be required. If the plaintiffs comply, the Clerk’s Office will process the case. If the court grants an application, the plaintiffs may proceed without prepaying the fees.

Disposition

The court did not decide the underlying claims. It ordered payment of the fees or submission of the required applications. It stated that if the plaintiffs fail to comply within the allowed time, or fail to request an extension, the action will be dismissed without prejudice to refiling. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.