Kirkland-Hudson v. Mount Vernon City School District

Background

Josephine Kirkland-Hudson filed this action without a lawyer. The complaint named Mount Vernon City School District and other defendants. The opinion does not decide the underlying claims.

To begin a civil action in the Southern District of New York, a plaintiff must either pay the required fees or submit a signed application to proceed without prepaying them. The court stated that the required amount was $402: a $350 filing fee and a $52 administrative fee. Kirkland-Hudson submitted neither the fees nor an application.

Order

The court ordered Kirkland-Hudson, within 30 days of the order, to pay the $402 or submit the attached application requesting permission to proceed without prepaying fees. If she submitted the application, it had to identify docket number 21-CV-0695 (CM). The court explained that, if it granted the application, she could proceed without prepaying fees.

The Clerk of Court was directed to mail the order to Kirkland-Hudson and record service on the docket. No summons was to issue at that time. If she complied, the case would be processed under the Clerk’s Office procedures; if she did not comply within the allowed period, the action would be dismissed.

Appeal and classification

Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This was a procedural order addressing payment or waiver of filing fees, not a ruling on the merits of Kirkland-Hudson’s claims.