Hay v. New York Media LLC

Background

Bruce Hay filed this civil action without a lawyer against New York Media, LLC and other defendants. He submitted a complaint but did not pay the required $400 in filing and administrative fees and did not submit an application to proceed without prepayment of fees, commonly called an IFP application.

Order

The court ordered Hay, within 30 days of the order, to either pay the $400 in fees or submit a signed IFP application labeled with the case's docket number. The order explained that, if the court granted the application, Hay could proceed without paying the fees in advance. The Clerk of Court was directed to mail the order to Hay 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 procedures if Hay complied. If he failed to comply within the allowed time, the action would be dismissed. This order did not address the merits of Hay's claims.

Appeal and disposition

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 prepaying fees for an appeal. Judge Colleen McMahon entered the order.

Practical effect

The case could move forward only if Hay paid the required fees or submitted an IFP application within 30 days. The opinion states that failure to do so would result in dismissal, but it does not state that the action was dismissed in this order.