Hairston v. Commissioner of Social Security
- Katharine Parker
- 1:20-cv-05600
- U.S. District Court · Southern District of New York
- 2
In Hairston v. Commissioner, Judge Parker ordered payment of filing fees or an application to proceed without prepayment.
Denise Hairston must either pay the required fees or submit an application to proceed without prepayment within 30 days; otherwise, the action will be dismissed.
What happened
In Hairston v. Commissioner of Social Security, Denise Hairston filed a lawsuit without paying the required fees or submitting an application to proceed without prepayment.
The court gave Hairston 30 days to pay $400 or submit a signed application to proceed without prepayment. If the application is granted, the case may proceed without advance payment of fees.
Judge Katharine H. Parker ordered the Clerk to mail the order and stated that the action will be dismissed if Hairston does not comply. The court also denied permission to appeal without prepaying fees.
The detailed version
- Hairston v. Commissioner of Social Security · No. 1:20-cv-05600
- Katharine Parker
- Oct. 28, 2020
Background
Denise Hairston brought this Social Security case without a lawyer. She submitted the complaint but did not pay the required $400 in fees or submit an application to proceed without prepaying those fees.
Order
The court directed Hairston, within 30 days, to do one of two things: pay $400, consisting of a $350 filing fee and a $50 administrative fee, or submit a signed application to proceed without prepayment of fees. The court explained that if it grants the application, Hairston may proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Hairston and record service on the docket. If Hairston complies, the case will proceed under the Clerk’s procedures. The order states that the Commissioner will then have 90 days to file the certified administrative record or 60 days to file a motion to dismiss. If Hairston does not comply within the allowed time, the action will be dismissed.
Ruling
Judge Katharine H. Parker certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.