Emerson v. NYCHA

Background

Tracey Emerson and Dennis M. Carter filed this action against NYCHA without a lawyer. They submitted the complaint without paying the required fees and without submitting applications to proceed without prepaying fees. The court explained that a civil action generally requires either payment of a $350 filing fee and a $50 administrative fee, for a total of $400, or a signed application seeking permission to proceed without prepaying those fees.

Order

The court ordered that, within 30 days of the order, the plaintiffs must either pay the $400 in fees or each complete, sign, and submit an application to proceed without prepaying fees. If the court grants those applications, the plaintiffs may proceed without prepaying fees. The order instructed that each application identify docket number 20-CV-1552 (CM).

Other directives and disposition

Judge Colleen McMahon directed the Clerk of Court to mail the order to the plaintiffs and note service on the docket. The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s procedures if the plaintiffs complied, but that the action would be dismissed if they failed to comply within the allowed time. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.