Middleton v. REGENERON PHARMACEUTICALS, INC.
- Philip Halpern
- 7:25-cv-01984
- U.S. District Court · Southern District of New York
- 5
Middleton v. Regeneron: Judge Swain ordered payment, a fee-waiver application, and an original signature before the case can proceed.
Michael I. Middleton must either pay the required $405 or submit a completed and signed fee-waiver application, and must submit an original signature within 30 days. The action may be dismissed without prejudice if he does not comply.
What happened
In Middleton v. REGENERON PHARMACEUTICALS, INC., Michael I. Middleton filed a civil action without paying the required fees or submitting a signed application to proceed without prepaying them. The complaint was also unsigned.
The court ordered Middleton, within 30 days, either to pay $405 or submit a completed and signed application to proceed without prepaying fees. He must also sign and submit the attached signature page, labeling the documents with docket number 25-CV-1984 (LTS).
Judge Laura Taylor Swain ordered that no summons issue at that time. If Middleton does not comply within the allowed time, the action will be dismissed without prejudice. The court also denied fee-waiver status for any appeal from the order.
The detailed version
- Middleton v. REGENERON PHARMACEUTICALS, INC. · No. 7:25-cv-01984
- Philip Halpern
- Mar. 13, 2025
Background
Michael I. Middleton brought this civil action without a lawyer. The opinion states that he did not pay the $405 required to proceed in the district court, consisting of a $350 filing fee and a $55 administrative fee. He also did not submit a signed application asking to proceed without prepaying those fees. In addition, the complaint itself was unsigned.
Order
The court directed Middleton, within 30 days from the date of the order, to do both of the following: (1) pay the $405 in fees or submit a completed and signed application to proceed without prepaying fees; and (2) sign and submit the attached signature page. The signed documents must include docket number 25-CV-1984 (LTS). The signature requirement was based on Federal Rule of Civil Procedure 11(a), which requires an unrepresented party to personally sign pleadings and other papers.
Effect of the Order
No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Middleton complied. If he failed to comply within the allowed period, the action would be dismissed without prejudice, meaning the order did not state that refiling would be barred. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.