Winslowet-Alps v. Estate Elise W. Harris
- Louis Stanton
- 1:20-cv-05358
- U.S. District Court · Southern District of New York
- 2
In Aldin Winslowet-Alps v. Estate Elise W. Harris, Judge McMahon ordered the pro se plaintiff to pay fees or submit an IFP application within 30 days.
Aldin Winslowet-Alps, the self-represented plaintiff, was required to pay the filing fees or submit an application to proceed without prepayment; failure to comply would result in dismissal of the action.
What happened
Aldin Winslowet-Alps v. Estate Elise W. Harris is a civil action filed without the required payment or an application to proceed without paying fees upfront. The plaintiff was representing himself.
The court ordered the plaintiff, within 30 days, either to pay $400 in filing and administrative fees or submit a signed application to proceed without prepayment. No summons would be issued at that time, and the action would be dismissed if the plaintiff did not comply.
Judge Colleen McMahon also ruled that an appeal from this order would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Winslowet-Alps v. Estate Elise W. Harris · No. 1:20-cv-05358
- Louis Stanton
- July 21, 2020
Background
The plaintiff brought the action without a lawyer. The complaint was submitted without the $400 required to begin a civil case in the court: a $350 filing fee and a $50 administrative fee. The plaintiff also did not submit an application to proceed without paying those fees upfront, commonly called an application to proceed in forma pauperis.
Order
The court directed the plaintiff, within 30 days of the order, to do one of two things: pay the $400 in fees or submit a signed application to proceed without prepayment. The application was to identify docket number 20-CV-5358. If the court granted the application, the plaintiff would be allowed to proceed without prepaying the fees.
The Clerk of Court was directed to mail the order to the plaintiff and record service on the docket. The court directed that no summons issue at that time. If the plaintiff complied, the case would be processed under the Clerk’s Office procedures. If the plaintiff failed to comply within the allowed time, the action would be dismissed.
Appeal ruling
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore 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.