Murray McIver v. HHA of Westchester
- Laura Swain
- 1:25-cv-00362
- U.S. District Court · Southern District of New York
- 2
In Murray McIver v. HHA of Westchester, Chief Judge Swain ordered payment or a fee-waiver request within 30 days.
Tamicko D. Murray McIver, who must either pay the required fees or submit a signed application to proceed without prepaying them within 30 days; the case may be dismissed if McIver does not comply.
What happened
In Tamicko D. Murray McIver v. HHA of Westchester, the plaintiff filed the case without paying the required fees or submitting an application to proceed without prepaying them.
The court gave the plaintiff 30 days to pay $405 in filing and administrative fees or submit a signed application requesting permission to proceed without prepayment. The court said no summons would issue yet and that the case would be processed if the plaintiff complied.
Judge Laura Taylor Swain ordered the plaintiff to pay the fees or submit the application. She also stated that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal; failure to comply with the order would result in dismissal of the action.
The detailed version
- Murray McIver v. HHA of Westchester · No. 1:25-cv-00362
- Laura Swain
- Jan. 17, 2025
Background
Tamicko D. Murray McIver brought this civil action without a lawyer against HHA of Westchester; SPOA for Adults; Choice of White Plains; Debbie Rothenburg; Karla Jackson; Darby Pierre; and Jennifer Alves. The complaint was submitted without the required fees and without an application to proceed without prepaying them.
Court’s Order
The court explained that a civil-action plaintiff must either pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed in forma pauperis, meaning without prepayment of fees. The court ordered McIver, within 30 days of the order, to do one of those two things. If McIver submits the application and the court grants it, McIver may proceed without prepaying the fees.
No summons shall issue at this time. The court stated that, if McIver complies, the case will be processed under the Clerk’s Office procedures. If McIver does not comply within the allowed time, the action will be dismissed.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.