Plummer v. New York Property Insurance Underwriting Association

Background

Nicolyn Plummer brought the action against New York Property Insurance Underwriting Association and other defendants. The opinion states that Plummer proceeded without a lawyer. She submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees.

Order

The court explained that a civil action requires either payment of $400—consisting of a $350 filing fee and a $50 administrative fee—or a signed application requesting permission to proceed without prepayment of fees under 28 U.S.C. §§ 1914 and 1915.

Within thirty days of the order, Plummer was required to pay the $400 or submit the attached application. The application was to identify docket number 20-CV-4834 (CM). If the court granted the application, Plummer would be allowed to proceed without prepaying the fees.

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

Disposition

Judge Colleen McMahon directed Plummer to pay the fees or submit the application; the order did not decide the underlying claims. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepayment of fees.