Espada v. Westchester County

Background

Robert Michael Espada and Cynthia Lorraine Espada brought this action against Westchester County and other defendants. The opinion states that the plaintiffs were representing themselves. They submitted the complaint without paying the required fees and without submitting applications to proceed without prepayment of fees.

Court’s order

The court explained that a civil action in the Southern District of New York requires either payment of $400—consisting of a $350 filing fee and a $50 administrative fee—or a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. Within 30 days of the order, each plaintiff was required either to pay the $400 or complete and submit an application. The applications were to identify docket number 20-CV-2139 (CM). If the court granted the applications, the plaintiffs would be allowed to proceed without paying the fees in advance.

The Clerk was directed to mail the order to the plaintiffs and record service on the docket. The court directed that no summons issue at that time. It stated that, if the plaintiffs complied, the case would be processed under the Clerk’s Office procedures; if they failed to comply within the allowed period, the action would be dismissed.

Appeal ruling and effect

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. Judge Colleen McMahon’s order addressed payment or fee-waiver requirements and did not reach the merits of the plaintiffs’ claims.