Hirsch v. Fred S. Keller School
- Nelson Roman
- 7:19-cv-11921
- U.S. District Court · Southern District of New York
- 2
In Hirsch v. Fred S. Keller School, Judge McMahon ordered Victoria Rose Hirsch to pay fees or apply to proceed without prepayment.
Victoria Rose Hirsch, who must either pay the required fees or submit an application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
Hirsch v. Fred S. Keller School concerns a complaint filed by Victoria Rose Hirsch without payment of the required court fees or an application to proceed without prepaying them.
The court ordered Hirsch, who was representing herself, to pay $400 or submit a signed application to proceed without prepayment within 30 days. The order also stated that no summons would issue at that time.
Judge McMahon ordered the Clerk to mail the order to Hirsch and stated that the case would be dismissed if she did not comply. The judge also denied permission to appeal without prepaying fees.
The detailed version
- Hirsch v. Fred S. Keller School · No. 7:19-cv-11921
- Nelson Roman
- Jan. 6, 2020
Background
Victoria Rose Hirsch filed this action representing herself. She submitted the complaint without paying the required $400 in fees and without submitting an application to proceed without prepaying fees.
Order
The court directed Hirsch to do one of two things within 30 days: pay the $400 filing and administrative fees, or submit a signed application to proceed without prepayment of fees. If the court grants the application, Hirsch may proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Hirsch and record service on the docket. No summons was to issue at that time. The order stated that, if Hirsch complied, the case would be processed under the Clerk's procedures; if she failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
Judge Colleen McMahon certified 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 did not decide the underlying claims against Fred S. Keller School.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.