McIver v. HRA-Fair Hearing
- Colleen McMahon
- 1:21-cv-00781
- U.S. District Court · Southern District of New York
- 2
In McIver v. HRA-Fair Hearing, Judge McMahon ordered payment or an application to proceed without fees within 30 days.
Tamicko D. Murray McIver, whose case could be dismissed for failing to pay the required fees or submit an application to proceed without prepayment of fees.
What happened
In McIver v. HRA-Fair Hearing, Tamicko D. Murray McIver filed a civil action without paying the required fees or submitting an application to proceed without prepayment of fees. The order states that McIver is representing themself.
The court ordered McIver, within 30 days, either to pay $400 in fees or submit a signed application to proceed without prepayment of fees. No summons would issue at that time, and the case would be processed if McIver complied. The order states that the action would be dismissed if McIver did not comply.
Judge Colleen McMahon also ruled that any 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 claims.
The detailed version
- McIver v. HRA-Fair Hearing · No. 1:21-cv-00781
- Colleen McMahon
- Feb. 1, 2021
Background
Tamicko D. Murray McIver filed this civil action without paying the required fees and without submitting an application to proceed without prepayment of fees. The opinion states that McIver is proceeding without a lawyer.
Order
The court explained that a civil action requires either payment of $400 in fees—$350 for filing and $50 for administration—or a signed application requesting permission to proceed without prepayment of fees under 28 U.S.C. §§ 1914 and 1915. The court gave McIver 30 days from the date of the order to pay the fees or submit the attached application, labeled with docket number 21-CV-0781 (CM). If the court grants the application, McIver may proceed without paying the fees in advance.
No summons would issue at that time. If McIver complied, the Clerk’s Office would process the case under its procedures. If McIver failed to comply within the allowed time, the action would be dismissed. The order did not address the merits of McIver’s claims.
Disposition
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. The court therefore denied permission to appeal without prepaying fees. The order otherwise directed McIver to pay the fees or submit the application within 30 days.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.