Joseph v. U.S. Justice Dept.
- Laura Swain
- 1:25-cv-00414
- U.S. District Court · Southern District of New York
- 4
In Joseph v. U.S. Justice Dept., Judge Swain ordered Rhawn Joseph to pay filing fees or submit an application to proceed without prepaying fees within 30 days.
Rhawn Joseph must either pay the $405 fee or submit a completed and signed application to proceed without prepaying fees within 30 days. If he does neither and does not request an extension, the action will be dismissed without prejudice to refiling. The order does not decide the defendants’ liability or the merits of Joseph’s claims.
What happened
In Joseph v. U.S. Justice Dept., Rhawn Joseph submitted this civil action to the court by email. The order did not address the claims or their merits.
The court ordered Joseph, within 30 days, either to pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. Until one of those steps occurs, the case will not move forward, and no summons or answer is required.
Judge Laura Taylor Swain stated that failure to comply, or to request more time, will result in dismissal without prejudice to refiling. She also denied fee-free status for any appeal from this order.
The detailed version
- Joseph v. U.S. Justice Dept. · No. 1:25-cv-00414
- Laura Swain
- Jan. 28, 2025
Background
Rhawn Joseph submitted this civil action to the U.S. District Court for the Southern District of New York by email. The opinion is an order about the filing fee and the procedure for requesting permission to proceed without paying that fee in advance. It does not decide the claims against the defendants.
Order
The court ordered Joseph, within 30 days of the order, to do one of two things: pay $405 in fees or submit a completed and signed application to proceed without prepaying fees, commonly called an IFP application. The order states that the $405 includes a $350 filing fee and a $55 administrative fee.
No further action will be taken, and no summons will issue or answer will be required, until the court receives payment or a completed and signed application. If the court grants the application, Joseph may proceed without prepaying the fees. If payment was made before the order was received, the case will proceed after the payment is processed.
Effect of Noncompliance and Appeal
If Joseph does not comply within the allowed time and does not request an extension, the action will be dismissed without prejudice to refiling. The court also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Ruling
Judge Laura Taylor Swain issued an order directing payment of the filing fee or submission of an IFP application. The order is procedural and does not determine whether Joseph’s underlying claims are valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.