Newman v. Park
- Colleen McMahon
- 1:20-cv-05353
- U.S. District Court · Southern District of New York
- 2
In Newman v. Park, Judge McMahon ordered pro se plaintiff Maurice Newman to pay fees or submit an application to proceed without prepayment.
Maurice Newman, who was required to pay the filing fees or submit a signed application to proceed without prepayment within 30 days; the action could be dismissed if he did not comply.
What happened
Newman v. Park began when Maurice Newman filed a complaint without paying the required fees or submitting an application to proceed without prepayment. The order does not describe the claims.
The court gave Newman 30 days to pay $400 or submit a signed application to proceed without prepayment. No summons would issue at that time.
Judge McMahon ordered the Clerk to mail the order to Newman and stated that the action would be dismissed if he did not comply. The court also denied permission to appeal without prepaying fees.
The detailed version
- Newman v. Park · No. 1:20-cv-05353
- Colleen McMahon
- July 21, 2020
Background
Maurice Newman filed this civil action without paying the required fees and without submitting an application to proceed without prepayment. The order states that Newman was representing himself. The required fees were $400: a $350 filing fee and a $50 administrative fee.
Order
The court directed Newman, within 30 days of the order, to either pay the $400 in fees or submit a signed application to proceed without prepayment under 28 U.S.C. § 1915. If the court granted the application, Newman could proceed without paying the fees in advance. The application was to identify docket number 20-CV-5353 (CM).
The Clerk of Court was directed to mail the order to Newman 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 Newman complied, and that the action would be dismissed if he did not comply within the allowed time.
Appeal and disposition
Judge Colleen McMahon certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing fees and the application process; it did not decide the merits of Newman’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.