Ricaurter v. Commissioner of Social Security
- Edgardo Ramos
- 1:20-cv-05527
- U.S. District Court · Southern District of New York
- 2
In Ricaurter v. Commissioner of Social Security, Judge Wang ordered payment of fees or an application to proceed without prepayment.
Sarita Ricaurter, who was required to pay the filing fees or submit an application to proceed without prepayment of fees within 30 days.
What happened
In Ricaurter v. Commissioner of Social Security, Sarita Ricaurter filed the action without paying the required fees or submitting an application to proceed without prepayment of fees.
The court gave Ricaurter 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 Ona T. Wang directed the Clerk to mail the order, denied fee-free status for any appeal, and did not decide the underlying Social Security dispute.
The detailed version
- Ricaurter v. Commissioner of Social Security · No. 1:20-cv-05527
- Edgardo Ramos
- Jan. 28, 2021
Background
Sarita Ricaurter brought the action without a lawyer. She submitted a complaint but did not pay the required filing fees or submit an application to proceed without prepayment of fees. The order states that the required fees totaled $400: a $350 filing fee and a $50 administrative fee.
Order
The court ordered Ricaurter, within 30 days of the order, either to pay the $400 in fees or submit the attached signed application to proceed without prepayment of fees. The application was to be labeled with docket number 20-CV-5527. The court explained that, if the application were granted, Ricaurter could proceed without paying the fees in advance.
The Clerk was directed to mail the order to Ricaurter and record service on the docket. No summons was to issue at that time. The order stated that the case would be processed under the Clerk’s Office procedures if Ricaurter complied and that the action would be dismissed if she did not comply within the allowed time.
Appeal and scope of ruling
The court certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Ona T. Wang’s order addressed filing fees and the application to proceed without prepayment; it did not decide the underlying Social Security claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.