Schaffer v. United States of America
- Laura Swain
- 1:25-cv-09228
- U.S. District Court · Southern District of New York
- 2
In Samuel Schaffer v. United States, Judge Swain ordered payment of fees or an IFP application within 30 days before the case could proceed.
Samuel Schaffer, whose case cannot proceed until he pays the required fees or submits an application to proceed without prepayment; the United States of America and the other named defendants are not required to respond at this stage.
What happened
Samuel Schaffer submitted this civil action by email, and the Southern District of New York assigned it a docket number. The court said he must either pay the required fees or request permission to proceed without paying them upfront.
Within 30 days, Schaffer must pay $405 or submit a completed and signed application to proceed without prepayment of fees. Until then, the court will take no further action, and no summons will be issued or answer required.
Chief Judge Laura Taylor Swain ordered that the case will be dismissed without prejudice to refiling if Schaffer does not comply or request more time. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Schaffer v. United States of America · No. 1:25-cv-09228
- Laura Swain
- Nov. 6, 2025
Background
Samuel Schaffer submitted this civil action to the court by email. The court assigned the action docket number 25-CV-9228 (LTS).
Payment or fee-waiver requirement
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 total required payment is $405, consisting of a $350 filing fee and a $55 administrative fee.
The court ordered Schaffer, within 30 days of the order, to either pay the $405 or complete, sign, and submit the attached application to proceed without prepayment of fees. The order gives instructions for paying by mail or in person. 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 application is granted, Schaffer will be allowed to proceed without prepaying the fees. If proper payment was submitted before the order, the case will proceed after the payment is processed.
Disposition
The court did not decide the underlying claims. It ordered payment of the fees or submission of an application to proceed without prepayment. If Schaffer fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.