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S.D.N.Y.Procedural orderFiled Apr. 28, 2025

Brennen v. Griffin

Judge
Laura Swain
Docket
1:25-cv-03464
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Brennen v. Griffin, Judge Swain directed Christina Brennen to pay fees or seek permission to proceed without prepayment and sign the complaint within 30 days.

Who this affects

Christina Brennen must address the filing fee and signature requirements within 30 days. Mark Brennen may proceed as the sole plaintiff if she does not comply; the case will otherwise continue under the Clerk’s Office procedures.

What happened

Mark Brennen and Christina Brennen, representing themselves, jointly filed a lawsuit, but only Mark submitted an application to proceed without paying court fees, and only Mark signed the complaint. In Brennen v. Griffin, the court addressed these filing requirements.

The court directed Christina to either pay $405 or submit an application to proceed without prepayment of fees within 30 days. It also directed her to submit a properly signed signature page within the same period. The court stated that no summons or answer would issue at that time.

If Christina complies, the case will be processed under the Clerk’s Office procedures; if she does not, Mark will proceed as the sole plaintiff. Judge Laura Taylor Swain also denied permission to proceed without prepayment of fees for any appeal from this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brennen v. Griffin · No. 1:25-cv-03464
Judge
Laura Swain
Date
Apr. 28, 2025

Background

Mark Brennen and Christina Brennen brought the action without lawyers. They jointly submitted the complaint, but Mark was the only plaintiff who submitted an application to proceed without prepaying court fees, and he was the only plaintiff who signed the complaint.

Court’s Directions

The court directed Christina Brennen, within 30 days of the order, to do one of two things: pay the $405 required to begin a civil action, consisting of a $350 filing fee and a $55 administrative fee, or submit an application to proceed without prepayment of fees. The court explained that if it grants that application, Christina may proceed without paying the fees in advance.

The court also directed Christina to sign and submit the complaint’s signature page within 30 days. A document sent by mail or delivered in person must have a handwritten signature. A document sent by email may use an electronic signature or a typed name preceded by “/s/,” as allowed by the court’s electronic-filing rules.

Disposition and Effect

The court ordered that no summons or answer issue at that time. If Christina complies with the order, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed period, the action will proceed with Mark as the sole plaintiff. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepayment of fees for purposes of an appeal.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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