Joseph v. Westchester County Department of Community Mental Health

Background

Thomas T. Joseph filed the action without a lawyer. To begin a civil case in the Southern District of New York, a plaintiff must either pay the required fees or submit a signed application to proceed without paying them, commonly called an IFP application. Joseph submitted the complaint without either the $400 in fees or an IFP application.

Order

The court ordered Joseph, within 30 days of the order, to either pay the $400 filing and administrative fees or submit the attached IFP application labeled with the case number. If the court granted the application, Joseph could proceed without paying the fees in advance. The Clerk was directed to mail the order to Joseph and record service. No summons would issue at that time. The order stated that the case would be processed under the Clerk’s procedures if Joseph complied and would be dismissed if he did not comply within the allowed time.

Appeal and disposition

The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. Chief United States District Judge Colleen McMahon signed the order. The opinion does not rule on the merits of Joseph’s underlying claims.