Destiny Haughton v. City of New York

Background

Shaday Martinez Destiny Haughton brought this action without a lawyer. She submitted an application to proceed without paying the filing fee, but she did not file a complaint. The order explains that a civil action begins when a complaint is filed.

She also did not provide a mailing address or consent to receive court documents electronically. Although her fee-waiver application included an email address, the court treated that as insufficient to establish either a mailing address for service or consent to electronic service.

Court’s directives

The court directed Plaintiff, within 30 days of the order, to do both of the following: (1) file a complaint and (2) provide a mailing address for service or submit consent to electronic service. No summons shall issue at this time. The court stated that the action will be dismissed if Plaintiff does not comply within the allowed period.

The Clerk of Court was directed to email the order to Plaintiff at the email address on file and to provide the order and electronic-service attachment if she appears at the court’s Pro Se Intake window.

Appeal and effect of the order

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal. This order is a procedural order: it sets filing and service requirements and does not decide the merits of any claims.