Shkoza v. NYC Health and Hospital Corporation

Background

Ardiana Shkoza brought this action against NYC Health and Hospital Corporation and Jacobi Medical Center while representing herself. She submitted a complaint without paying the required fees and without submitting an application to proceed without prepayment of fees.

Order

The court explained that a plaintiff must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application requesting permission to proceed without prepayment under 28 U.S.C. § 1915. The court ordered Shkoza to take one of those steps within 30 days of the order. If the court grants the application, she may proceed without prepaying the fees.

The Clerk of Court was directed to mail the order to Shkoza and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk's Office procedures if Shkoza complied, but the action would be dismissed if she did not comply within the allowed time.

Appeal provision and classification

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 denied permission to proceed without fees for purposes of an appeal. This was a procedural order addressing payment of fees or an application to proceed without prepayment; it did not decide the underlying claims.