Somarge v. New York State Revenue Department

Background

Kalup Somarge brought the action without a lawyer. The complaint was initially filed as a purported miscellaneous matter, but the court previously determined that it did not fit the listed categories and directed the Clerk of Court to open it as a new civil action. Somarge had paid the $49 filing fee for the miscellaneous matter but had not paid the fees required for the civil action or submitted an application to proceed without prepaying fees.

Fee or application requirement

The court explained that starting a civil action required either payment of $402— consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepayment of fees. The court gave Somarge 30 days from the date of the order to do one of those two things. If the application were granted, Somarge could proceed without prepaying the fees. The application was to identify docket number 21-CV-1102 (CM).

Court’s directives and disposition

The Clerk of Court was directed to send Somarge a copy of the order and note service on the docket. No summons would issue at that time. The court stated that the action would be processed under the Clerk’s procedures if Somarge complied, but that the action would be dismissed if Somarge failed to comply within the allowed time. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for purposes of an appeal. Judge Colleen McMahon did not decide the underlying claims in this order.