Mortimer v. Chapman
- Louis Stanton
- 1:21-cv-00877
- U.S. District Court · Southern District of New York
- 2
In Mortimer v. Chapman, Chief Judge McMahon ordered payment of fees or an IFP application before the case could proceed.
Kim Mortimer and 60 91st Street Corporation were required to satisfy the fee or application requirements; the corporation also needed a lawyer to proceed. The respondents were not required to answer at that time.
What happened
Kim Mortimer, acting without a lawyer, filed a petition for a court order requiring government officials to act. The filing also named 60 91st Street Corporation as a petitioner, but the order stated that a non-lawyer cannot represent that corporation.
The court required Mortimer, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without paying those fees. The court also stated that the corporation could proceed only if represented by a lawyer.
Chief Judge McMahon directed the Clerk to mail the order and said no response was required yet. The court stated that the case would proceed if the requirements were met, but would be dismissed if they were not; it also denied permission to appeal without prepaying fees.
The detailed version
- Mortimer v. Chapman · No. 1:21-cv-00877
- Louis Stanton
- Feb. 1, 2021
Background
Kim Mortimer, acting without a lawyer, filed an application styled as a petition asking the court to order officials to take an action. The filing also listed 60 91st Street Corporation as a petitioner. The order noted that a non-attorney cannot represent a corporation, so the corporation could proceed only through a lawyer.
Fee requirement
The court explained that starting a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepaying those fees. Mortimer submitted neither the fees nor the application with the petition.
The court gave Mortimer 30 days from February 1, 2021, to pay the $402 or submit the attached application. The application was to identify docket number 21-CV-0877 (CM). The Clerk was directed to mail the order to Mortimer and record service on the docket. No response from the respondents was required at that time.
Disposition
Chief Judge McMahon ordered that the case be processed under the Clerk's procedures if Mortimer complied. If Mortimer failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying mandamus request.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.