Grogan v. New York University
- Laura Swain
- 1:20-cv-03345
- U.S. District Court · Southern District of New York
- 2
In Grogan v. New York University, Judge McMahon ordered pro se plaintiff Jared J. Grogan to pay fees or request permission to proceed without prepayment.
Jared J. Grogan, who had to pay the required fees or submit an application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
In Grogan v. New York University, Jared J. Grogan filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The opinion states that he was representing himself.
The court gave Grogan 30 days to pay $400 in filing and administrative fees or submit a signed application to proceed without prepayment. If he submitted the application, the court would decide whether to allow him to proceed without paying the fees at that time.
The court directed the Clerk to mail the order to Grogan, and no summons would issue yet. The order states that the action would be dismissed if he did not comply within the deadline. Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Grogan v. New York University · No. 1:20-cv-03345
- Laura Swain
- May 5, 2020
Background
Jared J. Grogan filed this civil action without a lawyer. He submitted the complaint without paying the required fees and without an application requesting permission to proceed without prepaying those fees.
Court’s Order
The court explained that a plaintiff bringing a civil action must either pay $400—consisting of a $350 filing fee and a $50 administrative fee—or submit a signed application under 28 U.S.C. § 1915 to request permission to proceed without prepayment.
The court ordered Grogan, within 30 days of the order, to choose one of those options. If he submitted the application, the court would decide whether to grant it. The Clerk was directed to mail him the order and record service on the docket. No summons was to issue at that time. The order states that the action would be dismissed if Grogan did not comply within the allowed period.
Appeal and Disposition
The court directed payment of the fee or submission of an application to proceed without prepayment; it did not decide the underlying claims against New York University or the other defendants. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Colleen McMahon signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.