Bey v. Westchester County Police Headquaters

Background

Plaintiffs Zaryub Musa Tariff Bey and Diane Burchette Bey filed this action without lawyers and without paying the required court fees. The court explained that filing a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application from each plaintiff requesting permission to proceed without prepaying fees. This permission is commonly called proceeding in forma pauperis, or IFP.

Burchette Bey submitted an IFP application, but Tariff Bey did not. The order therefore required the plaintiffs, within 30 days, either to pay the $405 in fees or to have Tariff Bey submit the attached IFP application labeled with the case number.

Order

The court directed payment of the fees or submission of Tariff Bey’s IFP application. No summons or answer was to issue at that time. If the plaintiffs complied, the case would be processed under the Clerk’s Office procedures. If they did not pay the fees and Tariff Bey did not submit an IFP application within the permitted time, the order stated that claims brought on Tariff Bey’s behalf would be dismissed without prejudice, and the action would proceed with Burchette Bey as the sole plaintiff.

Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.