Rogers v. Rogers
- Laura Swain
- 1:25-cv-00288
- U.S. District Court · Southern District of New York
- 4
In Rogers v. Rogers, Judge Swain ordered Joshua Rogers to pay filing fees or submit an application to proceed without prepayment.
Joshua Rogers must either pay $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. The action will be dismissed if he does not comply; the defendants have not yet been served because no summons has issued.
What happened
In Rogers v. Rogers, Joshua Rogers filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court gave Joshua Rogers 30 days from March 19, 2025, to pay $405 or submit a signed application explaining why he cannot prepay the fees. No summons will issue yet, and the case will be processed if he complies; otherwise, the action will be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Rogers v. Rogers · No. 1:25-cv-00288
- Laura Swain
- Mar. 19, 2025
Background
Joshua Rogers filed this civil action without a lawyer against Jonathan Rogers and other defendants. The opinion does not describe the claims or the underlying dispute. Rogers submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that filing a civil action in the Southern District of New York requires either payment of $405—$350 for the filing fee and $55 for the administrative fee—or a signed IFP application under 28 U.S.C. §§ 1914 and 1915. Within 30 days after the order, Rogers must do one of those two things. If the court grants the IFP application, Rogers may proceed without prepaying the fees.
No summons will issue at this time. If Rogers complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal-related ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal. This order does not decide the merits of Rogers’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.