Shakur v. Carter
- Laura Swain
- 1:25-cv-04737
- U.S. District Court · Southern District of New York
- 2
In Shakur v. Carter, Judge Swain ordered payment or a corrected fee-waiver application, warning that noncompliance would lead to dismissal.
Danielle Amara Shakur, who must either pay the filing fees or submit an amended application within 30 days; the defendants are affected by the requirement that no summons issue at this time.
What happened
In Shakur v. Carter, Danielle Amara Shakur, representing herself, submitted an application asking to proceed without paying the court fees. She reported no income, no money in checking or savings accounts, and no regular monthly expenses, leaving the court unable to understand how she supports herself.
The court ordered Shakur, within 30 days, either to pay $405 in fees or submit a corrected application explaining facts showing that she cannot afford them. The court did not issue a summons at this time and said the action would be dismissed if she did not comply.
Judge Laura Taylor Swain also stated that an appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal. The order did not address the underlying claims.
The detailed version
- Shakur v. Carter · No. 1:25-cv-04737
- Laura Swain
- Aug. 1, 2025
Background
Danielle Amara Shakur brought this action representing herself. To proceed in the district court, she had to either pay $405 in filing and administrative fees or submit a signed application to proceed without paying those fees in advance. Shakur submitted such an application.
Reason for the Order
The court found that Shakur’s answers did not establish that she was unable to pay the fees. She stated that she had no income and no money in a checking or savings account. She also stated that she had no housing, transportation, utility, or other regular monthly expenses. The court said it was therefore unclear how she was providing for herself financially and could not determine that she could not afford the fees.
Ruling
The court ordered Shakur, within 30 days of August 1, 2025, either to pay the $405 in fees or submit an amended application to proceed without prepaying them. The amended application must identify docket number 25-CV-4737 (LTS) and provide facts addressing the financial deficiencies described in the order. If the court grants the amended application, Shakur may proceed without paying the fees in advance.
No summons was to issue at that time. The court stated that, if Shakur complied, the case would be processed under the Clerk’s Office procedures; if she failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied the ability to proceed without prepaying fees for purposes of an appeal. The order did not decide the merits of Shakur’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.