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S.D.N.Y.Procedural orderFiled Jan. 17, 2025

Murray McIver v. Trevino

Judge
Laura Swain
Docket
1:25-cv-00219
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Murray McIver v. Trevino, Judge Swain ordered the pro se plaintiff to pay $405 or submit an application to proceed without prepaying fees within 30 days.

Who this affects

Tamicko D. Murray McIver must either pay the $405 filing fees or submit a signed application to proceed without prepaying fees within 30 days. Failure to comply will result in dismissal of the action, and no summons will issue at this time.

What happened

Murray McIver v. Trevino is a case brought by Tamicko D. Murray McIver, who is representing themself without a lawyer. The plaintiff filed the complaint without paying the required fees or submitting an application to proceed without prepaying them.

The court ordered the plaintiff, within 30 days, either to pay $405 or submit a signed application showing an inability to pay. No summons will issue at this time. If the plaintiff does not comply within the deadline, the action will be dismissed.

Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not decide the underlying claims.

The detailed version

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

Case
Murray McIver v. Trevino · No. 1:25-cv-00219
Judge
Laura Swain
Date
Jan. 17, 2025

Background

Tamicko D. Murray McIver filed this action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.

Order

The court stated that starting a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee. Within 30 days of the order, the plaintiff must either pay the $405 or submit a signed IFP application. If the court grants the application, the plaintiff may proceed without paying the fees in advance.

No summons will issue at this time. If the plaintiff complies, the case will be processed under the Clerk’s Office procedures. If the plaintiff does not comply within the allowed time, the action will be dismissed.

Appeal and disposition

The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain’s order addresses filing-fee requirements and does not decide the underlying claims.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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