Kemp v. Knowles-Carter
- Laura Swain
- 1:25-cv-06077
- U.S. District Court · Southern District of New York
- 2
In Kemp v. Knowles-Carter, Judge Swain ordered payment or an IFP application before the case can proceed.
Vivian V. Kemp must either pay the $405 fee or submit a signed application to proceed without prepaying it within 30 days, or the action will be dismissed without prejudice to refiling. The case will not proceed, and no summons or answer is required, until one of those steps occurs.
What happened
In Kemp v. Knowles-Carter, Vivian V. Kemp submitted a civil action by email, and the court assigned it a docket number.
Judge Swain ordered Kemp, within 30 days, either to pay $405 in fees or submit a signed application to proceed without paying the fees in advance. The court said it would not take further action, issue a summons, or require an answer until one of those steps occurred.
The order states that failure to comply, or to request more time, will result in dismissal without prejudice to refiling. Judge Laura Taylor Swain also denied permission to proceed without paying fees for any appeal from this order.
The detailed version
- Kemp v. Knowles-Carter · No. 1:25-cv-06077
- Laura Swain
- July 24, 2025
Background
Vivian V. Kemp submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court assigned the case docket number 25-CV-6077 (LTS). The opinion identifies Beyoncé Knowles-Carter 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 order states that the required amount was $405, consisting of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.
Within 30 days after the order, Kemp must either pay the fees or complete, sign, and submit the attached application to proceed without prepayment. The order gives instructions for paying by mail or in person. It states that no further action will be taken, no summons will issue, and no answer will be required until the fees are paid or a completed and signed application is received. If the court grants the application, Kemp may proceed without prepaying the fees.
Effect of Noncompliance
The court stated that if Kemp does not comply within the allowed time and does not request an extension, the action will be dismissed without prejudice to refiling. The opinion does not state that the action was dismissed on July 24, 2025; it directs Kemp to take one of the required steps first.
Appeal-Fee Determination
The court 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.
Judge
Chief United States District Judge Laura Taylor Swain issued and signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.