McIver v. HRA Human Resource Admini
- Colleen McMahon
- 1:21-cv-00784
- U.S. District Court · Southern District of New York
- 2
In McIver v. HRA Human Resource Admini, Judge McMahon ordered the pro se plaintiff to pay fees or apply to proceed without prepaying them within 30 days.
Tamicko Murray McIver must either pay the $402 in required fees or submit a signed application to proceed without prepaying fees within 30 days. The action will be dismissed if McIver does not comply.
What happened
In McIver v. HRA Human Resource Admini, Tamicko Murray McIver filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The court had not issued a summons.
The court ordered McIver, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. If the application is granted, McIver may proceed without paying the fees in advance; if McIver does not comply, the action will be dismissed.
Chief United States District Judge Colleen McMahon directed the Clerk to send the order to McIver and record service. Judge McMahon also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- McIver v. HRA Human Resource Admini · No. 1:21-cv-00784
- Colleen McMahon
- Feb. 1, 2021
Background
Tamicko Murray McIver brought this civil action pro se, meaning without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that filing a civil action required payment of $402: a $350 filing fee and a $52 administrative fee. Within 30 days of the order, McIver must either pay the $402 or submit a signed IFP application labeled with docket number 21-CV-0784 (CM). If the court grants the application, McIver will be allowed to proceed without prepaying the fees. If McIver does not comply within the allowed time, the action will be dismissed. No summons was to issue at that time.
Ruling and effect
Chief United States District Judge Colleen McMahon directed the Clerk of Court to send McIver a copy of the order and note service on the docket. The court certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. This order addressed the filing-fee requirement; it did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.