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S.D.N.Y.Procedural orderFiled Sept. 14, 2020

Williams v. BSREP UA 3333 Broadway LLC

Judge
Colleen McMahon
Docket
1:20-cv-07199
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Williams v. BSREP UA 3333 Broadway LLC, Judge McMahon ordered Jomo Williams to pay fees or submit an application to proceed without prepayment.

Who this affects

Jomo Williams, who was required to pay the filing fees or submit an application to proceed without prepayment within 30 days; the defendants were not required to respond at this stage.

What happened

In Williams v. BSREP UA 3333 Broadway LLC, Jomo Williams filed a civil action while representing himself, describing it as a criminal complaint.

Because Williams submitted neither the required fees nor an application to proceed without paying them in advance, the court gave him 30 days to pay $400 or submit the court’s application. No summons would issue at that time.

Judge Colleen McMahon ordered the clerk to mail Williams the order and stated that the case would be processed if he complied. If he did not comply within 30 days, the action would be dismissed. The court also denied fee-waiver status for any appeal from the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Williams v. BSREP UA 3333 Broadway LLC · No. 1:20-cv-07199
Judge
Colleen McMahon
Date
Sept. 14, 2020

Background

Jomo Williams, appearing without a lawyer, filed a civil action that he described as a criminal complaint. The opinion lists BSREP UA 3333 Broadway LLC, Adult Protective Services, Village Care Max, HPD, and J. Does as defendants.

Payment or Fee-Waiver Requirement

The court explained that a person starting a civil action must either pay $400 in fees—consisting of a $350 filing fee and a $50 administrative fee—or submit a signed application to proceed without prepaying fees. Williams submitted neither the fees nor an application.

The court ordered Williams, within 30 days of the order, to either pay the $400 or submit the attached application. If the court granted the application, Williams could proceed without prepaying the fees. The application was to identify docket number 20-CV-7199 (CM).

Ruling and Effect

Chief United States District Judge Colleen McMahon directed the clerk to mail Williams a copy of the order and record service on the docket. No summons was to issue at that time. The case would be processed under the clerk’s procedures if Williams complied; if he did not comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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