Fleming v. TOWN OF EAST FISHKILL
- Nelson Roman
- 7:25-cv-08734
- U.S. District Court · Southern District of New York
- 2
In Fleming v. Town of East Fishkill, Judge Swain ordered payment or a fee-waiver application within 30 days before the case could proceed.
Patrick Fleming must either pay the required fees or submit a completed and signed application to proceed without prepaying them; the Town of East Fishkill and the other defendants are not required to respond unless the case proceeds.
What happened
In PATRICK FLEMING v. TOWN OF EAST FISHKILL, ET AL., the action was submitted to the court by email and assigned a docket number. The court had not yet taken further action on the case.
The court ordered Patrick Fleming, within 30 days, either to pay $405 in fees or submit a completed and signed application to proceed without paying the fees in advance. No summons would issue and the defendants would not have to respond until the payment or application was received.
The order states that if Fleming does not comply or request more time, the action will be dismissed without prejudice to refiling. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Fleming v. TOWN OF EAST FISHKILL · No. 7:25-cv-08734
- Nelson Roman
- Oct. 24, 2025
Background
The action was submitted to the U.S. District Court for the Southern District of New York by email. The court issued an order addressing the filing fee or an application to proceed without prepaying fees. The opinion does not decide the underlying claims.
Required payment or application
The court stated that a civil action requires either payment of $405 in fees or a signed application to proceed without prepayment of fees, commonly called an in forma pauperis application. The $405 consists of a $350 filing fee and a $55 administrative fee. Within 30 days of the order, Patrick Fleming must either pay the fees or fully complete, sign, and submit the attached application.
Until the fees are paid or a completed and signed application is received, the court will take no further action. No summons will issue, and the defendants will not be required to answer. If the court grants the application, Fleming may proceed without paying the fees in advance. If proper payment was submitted before the order, the case will proceed after the payment is processed.
Disposition
If Fleming does not comply within the allowed time or request an extension, 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 appeal without prepaying fees. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.