Coney v. The Trustees of Columbia University in the City of New York

Background

Sescily Renee Coney filed this action seeking emergency relief. The opinion states that she was representing herself. To begin a civil action in the Southern District of New York, a plaintiff must either pay $405 in filing and administrative fees or request permission to proceed without prepaying fees by submitting a signed application.

Coney submitted her filings by email. The court’s email-filing procedures required her either to email a completed and signed application to proceed without prepaying fees or to pay the $405 by certified check or money order. Those procedures allowed 21 days to pay, but also stated that the court could not take action until Coney paid the fees or submitted the application.

Court’s Order

The court ordered Coney, within 30 days of the order, to pay the filing fees or complete and submit the attached application to proceed without prepaying fees. No summons would issue at that time. If Coney complied, the Clerk’s Office would process the case under its procedures. If she failed to comply within the permitted period, the action would be dismissed.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addressed filing requirements and did not reach the merits of Coney’s claims.