Wimberly v. NY Community Financial, LLC
- Laura Swain
- 1:24-cv-07644
- U.S. District Court · Southern District of New York
- 4
In Wimberly v. NY Community Financial, Judge Swain ordered Jason Wimberly to pay fees or submit an IFP application within 30 days.
Jason Wimberly must either pay the $405 in fees or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. The defendant is not yet required to respond because no summons has issued.
What happened
In Wimberly v. NY Community Financial, LLC, Jason Wimberly filed a lawsuit without paying the required fees or submitting an application to proceed without prepaying them. The court said he must pay $405 or submit the application.
Wimberly has 30 days from October 17, 2024, to comply. No summons will issue yet, and the case will proceed through the Clerk’s Office if he complies. If he does not comply on time, the action will be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Wimberly v. NY Community Financial, LLC · No. 1:24-cv-07644
- Laura Swain
- Oct. 17, 2024
Background
Jason Wimberly brought this action without a lawyer. He submitted his complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court ordered Wimberly, within 30 days of the order, to either pay $405 in fees or submit a signed IFP application. The $405 consists of a $350 filing fee and a $55 administrative fee. If the court grants the application, Wimberly may proceed without paying the fees in advance.
Effect of Noncompliance
No summons will issue at this time. If Wimberly complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.