McIver v. Murray-Comer
- Louis Stanton
- 1:20-cv-10538
- U.S. District Court · Southern District of New York
- 2
In McIver v. Murray-Comer, Judge McMahon ordered Tamicko McIver to pay fees or apply to proceed without prepayment.
Tamicko McIver, who was required to pay the filing fees or submit an application to proceed without prepayment; the action would be dismissed if McIver failed to comply.
What happened
In McIver v. Murray-Comer, Tamicko McIver filed the case without paying the required fees or submitting an application to proceed without prepaying them. The opinion says McIver is representing themself.
The court gave McIver 30 days to pay $400 or submit a signed application asking to proceed without prepayment. The court said the case would be dismissed if McIver did not comply, and no summons would issue at that time.
Judge Colleen McMahon directed the Clerk of Court to mail the order to McIver and denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- McIver v. Murray-Comer · No. 1:20-cv-10538
- Louis Stanton
- Dec. 14, 2020
Background
Tamicko McIver brought this civil action without a lawyer. The complaint was submitted without the $400 required to proceed in the court—$350 for the filing fee and $50 for the administrative fee—and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered McIver, within 30 days of the order, to either pay the $400 or submit a signed IFP application labeled with docket number 20-CV-10538 (CM). If the court grants the application, McIver may proceed without prepaying the fees. If McIver does not comply within the allowed time, the action will be dismissed. The court also directed the Clerk of Court to mail the order to McIver and record service on the docket. No summons was to issue at that time.
Appeal
Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Disposition
Judge Colleen McMahon entered an order directing payment of the required fee or submission of an IFP application. The opinion does not decide the merits of McIver's claims against Doris Murray-Comer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.