Shany v. Tinsley
- Laura Swain
- 1:25-cv-08040
- U.S. District Court · Southern District of New York
- 2
In Gabriel Bar Shany v. Chris Tinsley, Judge Swain ordered plaintiffs to pay fees or submit applications to proceed without prepaying fees within 30 days.
The plaintiffs, Gabriel Bar Shany and the other listed plaintiffs, must either pay the $405 fee or each submit a separate signed application to proceed without prepaying fees within 30 days. The action will be dismissed without prejudice to refiling if they fail to comply or seek an extension.
What happened
Gabriel Bar Shany, et al. v. Chris Tinsley, et al. was submitted to the Southern District of New York by email and assigned a case number.
The court ordered the plaintiffs, within 30 days, either to pay $405 in fees or have each plaintiff submit a separate signed application to proceed without prepaying fees. The court will take no further action and issue no summons until it receives payment or all required applications.
If the plaintiffs do not comply or seek more time, the action will be dismissed without prejudice to refiling. Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without prepaying appeal fees.
The detailed version
- Shany v. Tinsley · No. 1:25-cv-08040
- Laura Swain
- Sept. 29, 2025
Background
The plaintiffs submitted this civil action to the court by email. The court explained that a plaintiff starting a civil action must either pay the required fees or ask to proceed without prepaying them by submitting a signed application to proceed in forma pauperis, meaning without prepayment of court fees.
Order
The court ordered the plaintiffs, within 30 days of the order, to pay $405 in total fees or, if they could not afford the fees, for each plaintiff to complete, sign, and submit a separate application to proceed without prepaying fees. The order states that the $405 consists of a $350 filing fee and a $55 administrative fee.
Until the fees are paid or a completed and signed application is received from each plaintiff, no further action will be taken, no summons will issue, and no answer will be required. If the plaintiffs comply, the case will be processed under the Clerk’s Office procedures. If the court grants the applications, the plaintiffs may proceed without prepaying the fees.
Disposition
The court stated that if the plaintiffs fail to comply within the permitted time, or seek an extension of time to comply, the action will be dismissed without prejudice to refiling. 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 was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.