Murray McIver v. Yonkers Mayor

Background

Tamicko D. Murray McIver filed the action without a lawyer against Yonkers Mayor and other defendants. The complaint was submitted without payment of the required fees and without an application to proceed without prepaying fees.

Fee or application requirement

The court explained that a person starting a civil action must either pay the required fees or submit a signed application requesting permission to proceed without prepayment. The opinion first described the fees as $400, consisting of a $350 filing fee and a $52 administrative fee. It later ordered McIver to pay $402 or submit the application within 30 days, creating an unexplained discrepancy in the stated total.

If McIver submitted the application and the court granted it, McIver would be permitted to proceed without prepaying the fees. The application was to identify docket number 21-CV-1251 (CM). No summons was to issue at that time.

Ruling

Judge Colleen McMahon ordered McIver to pay the required fees or submit the application within 30 days. The order stated that the case would be processed under the Clerk’s Office procedures if McIver complied and that the action would be dismissed if McIver failed to comply within the permitted time.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.