Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. v. Piazza
- Laura Swain
- 1:21-cv-01622
- U.S. District Court · Southern District of New York
- 2
In Bronx Miracle Gospel Tabernacle Word of Faith Ministries v. Piazza, Judge McMahon ordered three plaintiffs to pay fees or submit individual poverty applications within 30 days.
The four named plaintiffs, the church, and other church members whose claims were asserted in the complaint. Richardson had already submitted an application; the other three plaintiffs were required to pay the fees or submit individual applications within 30 days.
What happened
In Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. v. Piazza, four people brought the case without lawyers for themselves, their church, and other church members. Only Bernel Arthur Richardson submitted an application to proceed without paying fees upfront.
The court gave the other three plaintiffs 30 days to either pay the $402 filing and administrative fees or each submit a signed application showing inability to pay. The court also explained that people without lawyers cannot represent the church or other church members, so those claims must be dismissed unless a lawyer appears for them.
Judge McMahon directed the Clerk to mail the order, stopped summonses from being issued for now, and stated that a plaintiff who failed to meet the payment or application requirement would have that plaintiff’s claims dismissed. The court also denied fee-free status for any appeal from the order.
The detailed version
- Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. v. Piazza · No. 1:21-cv-01622
- Laura Swain
- Mar. 2, 2021
Background
Keith Elijah Thompson, Yvonne Mae Thompson, Jeannette Y. Brown, and Bernel Arthur Richardson filed the action without lawyers on behalf of themselves, Bronx Miracle Gospel Tabernacle (BMGT), and other BMGT members. The opinion states that people who are not lawyers may represent only their own interests, not a church or other church members.
Fees and applications
To proceed with a civil action, each plaintiff must either pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. Richardson submitted an application, but the other three plaintiffs did not. The court ordered each of those three plaintiffs, within 30 days, to pay the fees or submit an individual application labeled with docket number 21-CV-1622 (CM). If the applications are granted, the plaintiffs may proceed without prepaying fees.
Court’s directives
The order states that claims brought on behalf of BMGT and other church members must be dismissed unless a lawyer appears for those parties. The Clerk was directed to mail the order to each plaintiff at BMGT’s address and note service on the docket. No summons was to issue at that time. If the plaintiffs comply, the case will be processed under the Clerk’s Office procedures; if any of the three plaintiffs fails to submit an application, that plaintiff’s claims will be dismissed.
Appeal
The court 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 proceed without prepaying fees for an appeal.
Result
This was an order directing payment of fees or submission of applications to proceed without prepayment, rather than a decision on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.