Morris v. Hunter College
- Vernon Broderick
- 1:20-cv-09632
- U.S. District Court · Southern District of New York
- 2
In Morris v. Hunter College, Chief Judge McMahon ordered pro se plaintiff Morris to pay fees or submit an IFP application.
Greggory W. Morris, who must either pay the required fees or submit a signed IFP application within 30 days; the opinion does not decide the claims against the defendants.
What happened
In Morris v. Hunter College, Greggory W. Morris filed the case without paying the required fees or submitting an application to proceed without prepaying them. The opinion identifies him as representing himself.
The court gave Morris 30 days to either pay $400 or submit a signed application to proceed without prepaying the fees. No summons would issue at that time, and the court said the action would be dismissed if he did not comply.
Chief Judge Colleen McMahon also denied permission to appeal without prepaying fees, certifying that any appeal from this order would not be taken in good faith.
The detailed version
- Morris v. Hunter College · No. 1:20-cv-09632
- Vernon Broderick
- Dec. 3, 2020
Background
Greggory W. Morris filed this civil action without a lawyer. He did not pay the required filing and administrative fees and did not submit an application to proceed in forma pauperis (IFP), meaning without prepaying court fees.
Order
The court ordered Morris, within 30 days, to do one of two things: pay $400 in fees, consisting of a $350 filing fee and a $50 administrative fee, or submit a signed IFP application. The court explained that, if it granted the application, Morris could proceed without prepaying the fees.
The Clerk of Court was directed to send Morris the order and record service on the docket. No summons was to issue at that time. The court stated that, if Morris complied, the case would be processed under the Clerk's Office procedures, but if he failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
Chief 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 and denied IFP status for purposes of an appeal. The order did not decide the underlying claims against Hunter College or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.