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S.D.N.Y.Procedural orderFiled July 12, 2024

Newsome v. The New York City Family Court

Judge
Vernon Broderick
Docket
1:24-cv-05265
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Newsome v. New York City Family Court, Judge Swain ordered Tyre Fred Newsome to pay fees or submit a signed fee-waiver application within 30 days.

Who this affects

Tyre Fred Newsome must pay $405 or submit a complete, signed application to proceed without prepaying fees within 30 days. If he does not comply, the action will be dismissed; no summons will issue before compliance.

What happened

In Tyre Fred Newsome v. New York City Family Court, et al., Tyre Fred Newsome filed a civil action without a lawyer and submitted an incomplete, unsigned application to proceed without prepaying court fees.

The court ordered him, within 30 days, either to pay $405 in fees or submit a fully completed and signed application. No summons will issue yet, and the action will be dismissed if he does not comply. The court also said he could not proceed without prepaying fees for an appeal from this order.

Judge Laura Taylor Swain issued the order on July 12, 2024. The order says that if Newsome complies, the Clerk’s Office will process the case under its procedures.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Newsome v. The New York City Family Court · No. 1:24-cv-05265
Judge
Vernon Broderick
Date
July 12, 2024

Background

Tyre Fred Newsome brought this civil action without a lawyer. To proceed, he had to either pay $405 in court fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees. He submitted an incomplete and unsigned application.

Order

The court directed Newsome, within 30 days of the order, to do one of two things: pay the $405 in fees or submit a fully completed and signed application. The court explained that an unrepresented party must personally sign a pleading or other court paper. The required application form was attached, and the court instructed Newsome to identify the case by docket number 24-CV-5265.

No summons will issue at this time. If Newsome complies, the Clerk’s Office will process the action under its procedures. If he does not comply within the allowed time, the action will be dismissed. The order also notes that Newsome had not provided an address, so the Clerk’s Office could not mail the order to him; if he receives it, he was alerted to provide an address to the court.

Appeal

The court certified under federal law that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Ruling

Judge Laura Taylor Swain issued an order directing payment of the fee or submission of an amended application to proceed without prepaying fees. This was an administrative and filing-status order; it did not decide the underlying claims against the defendants.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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