Rivers v. Parkchester Condominium Complex
- Laura Swain
- 1:25-cv-00363
- U.S. District Court · Southern District of New York
- 4
In Rivers v. Parkchester Condominium Complex, Chief Judge Swain ordered Darney Rivers to pay fees or submit an IFP application.
Darney Rivers must either pay the $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. The action may be dismissed if Rivers does not comply, and no summons will issue at this time.
What happened
In Rivers v. Parkchester Condominium Complex, Darney Rivers filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Rivers 30 days to pay $405 or submit a signed application to proceed without prepaying fees. No summons will be issued at this time, and the action will be dismissed if Rivers does not comply.
Chief Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order, stating that an appeal would not be taken in good faith.
The detailed version
- Rivers v. Parkchester Condominium Complex · No. 1:25-cv-00363
- Laura Swain
- Jan. 17, 2025
Background
Darney Rivers brought this civil action without a lawyer. Rivers submitted the complaint but did not pay the required filing fees and did not submit an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court explained that starting a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or submission of a signed IFP application. The court ordered Rivers, within 30 days of January 17, 2025, to either pay the $405 or submit the attached IFP application. If the court grants the application, Rivers may proceed without prepaying fees.
No summons will issue at this time. If Rivers complies, the case will be processed under the Clerk’s Office procedures. If Rivers does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief Judge Laura Taylor Swain therefore issued an order directing payment of the fee or submission of an IFP application; the opinion did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.