Hamilton v. Early Warning Services, LLC
- Valerie Caproni
- 1:20-cv-04431
- U.S. District Court · Southern District of New York
- 2
In Hamilton v. Early Warning Services, LLC, Judge McMahon ordered Hamilton to pay fees or submit a signed, complete application to proceed without prepayment.
William Richard Hamilton must either pay the $400 court fee or submit a complete, signed amended application showing that he cannot pay it. The case will not proceed to summons issuance unless he complies.
What happened
William Richard Hamilton sued Early Warning Services, LLC and Santander Bank, NA, and is representing himself. He submitted an application asking to proceed without paying court fees, but the application was blank and unsigned.
The court gave Hamilton 30 days from June 10, 2020, to either pay $400 in fees or submit an amended application with facts showing he cannot pay. No summons will issue yet, and the case will be processed if he complies.
Chief Judge Colleen McMahon ordered these steps and stated that an appeal from the order would not qualify for fee-free treatment because it would not be taken in good faith. If Hamilton does not comply within the allowed time, the action will be dismissed.
The detailed version
- Hamilton v. Early Warning Services, LLC · No. 1:20-cv-04431
- Valerie Caproni
- June 10, 2020
Background
William Richard Hamilton brought this action against Early Warning Services, LLC and Santander Bank, NA. The opinion states that Hamilton is proceeding without a lawyer. To continue a civil case in the Southern District of New York, a plaintiff must pay $400 in filing and administrative fees or submit a signed application requesting permission to proceed without paying the fees in advance.
Hamilton submitted an application to proceed without prepayment of fees, but it was blank and unsigned.
Order
The court ordered Hamilton, within 30 days of the order, to either pay the $400 fee or submit an amended application. The amended application must identify docket number 20-CV-4431 (CM) and provide facts showing that Hamilton cannot pay the filing fees. If the court grants the amended application, Hamilton may proceed without paying the fees in advance.
The court directed the Clerk of Court to mail the order to Hamilton and record service on the docket. No summons will issue at this time. If Hamilton complies, the case will be processed under the Clerk’s procedures; if he does not comply within the allowed time, the action will be dismissed. The court also certified that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.