Barth v. Houghton Mifflin Company
- Laura Swain
- 1:25-cv-01777
- U.S. District Court · Southern District of New York
- 2
In Barth v. Houghton Mifflin Company, Judge Swain ordered payment or an application to proceed without prepaying fees within 30 days.
John Barth, Jr., whose civil action must proceed only after he pays the required fees or submits a completed and signed application to proceed without prepaying them.
What happened
John Barth, Jr. submitted this civil action by email against Houghton Mifflin Co. and other defendants. The court ordered him to pay $405 in fees or submit a signed application to proceed without paying fees in advance.
The court gave Barth 30 days from March 6, 2025, to comply or request more time. Until payment or a completed application is received, the court will take no further action, and no summons or answer will be required.
Judge Laura Taylor Swain ordered that the action will be dismissed without prejudice to refiling if Barth does not comply. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Barth v. Houghton Mifflin Company · No. 1:25-cv-01777
- Laura Swain
- Mar. 6, 2025
Background
John Barth, Jr. submitted this civil action to the U.S. District Court for the Southern District of New York by email. The caption identifies Houghton Mifflin Co. and other defendants.
Order
The court explained that a plaintiff starting a civil action must either pay the required fees or submit a signed application to proceed without prepaying them. The total fee was $405, consisting of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.
The court ordered Barth, within 30 days of the order, to either pay the $405 or complete, sign, and submit the attached application to proceed without prepaying fees. No further action would be taken, and no summons would issue or answer would be required, until payment or a completed and signed application was received. If the application were granted, Barth would be allowed to proceed without prepaying the fees.
Disposition
The order states that if Barth failed to comply within the allowed time, or failed to request an extension, the action would be dismissed without prejudice to refiling. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.