Rogers v. Walmart, Inc.
- Laura Swain
- 1:25-cv-00289
- U.S. District Court · Southern District of New York
- 2
In Rogers v. Walmart, Judge Swain ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Joshua Rogers must either pay the required fees or submit an application to proceed without prepayment within 30 days for the case to continue processing.
What happened
In Rogers v. Walmart, Inc., Joshua Rogers filed a civil action without paying the required fees or submitting an application to proceed without paying them in advance.
The court ordered Rogers, within 30 days, to either pay $405 or submit a signed application for permission to proceed without prepayment. No summons will issue yet, and the action will be dismissed if he does not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appeal fees.
The detailed version
- Rogers v. Walmart, Inc. · No. 1:25-cv-00289
- Laura Swain
- Jan. 16, 2025
Background
Joshua Rogers brought this action without a lawyer against Walmart, Inc. and NJ Transit. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees.
Order
The court explained that a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee. Within 30 days of the order, Rogers must either pay the $405 or submit a signed application to proceed without prepayment of fees. The application must identify docket number 25-CV-0289 (LTS). If the court grants the application, Rogers may proceed without paying the fees in advance.
No summons will issue at this time. If Rogers complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-fee ruling
The court certified that any appeal from this order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal. The order did not decide the underlying claims against Walmart, Inc. or NJ Transit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.