Moncion v. The City of New York NYPD
- Laura Swain
- 1:20-cv-08974
- U.S. District Court · Southern District of New York
- 2
In Moncion v. The City of New York NYPD, Judge McMahon ordered the pro se plaintiff to pay fees or apply to proceed without prepayment.
Betty M. Moncion and the continuation of her case; the order required her to pay the fees or submit an application to proceed without prepayment.
What happened
Betty M. Moncion filed this case without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Moncion 30 days to pay $400 or submit a signed application. No summons would issue at that time, and the case would be dismissed if she did not comply.
Judge Colleen McMahon also denied fee-free status for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Moncion v. The City of New York NYPD · No. 1:20-cv-08974
- Laura Swain
- Nov. 2, 2020
Background
Betty M. Moncion brought the action without a lawyer. She submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that a civil plaintiff must either pay $400 in fees—$350 for filing and $50 for administration—or submit a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The court ordered Moncion, within 30 days of the order, to pay the fees or submit the attached application labeled with docket number 20-CV-8974 (CM). If the application were granted, she would be allowed to proceed without prepaying fees.
If Moncion complied, the Clerk’s Office would process the case under its procedures. If she did not comply within the allowed time, the action would be dismissed. The court also ordered that no summons issue at that time.
Appeal and classification
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 fee-free status for purposes of an appeal. This was an administrative and procedural order about payment of fees or an application to proceed without prepayment; it did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.