Lee v. Cooper

Background

Steven Lee filed this civil action without a lawyer. The opinion identifies Matthew F. Cooper as a Justice of the New York Supreme Court and names him as the defendant. Lee submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.

Order

The court explained that a plaintiff must either pay $402 in fees—$350 for filing and $52 for administration—or submit a signed application requesting permission to proceed without prepaying fees. The court ordered Lee, within 30 days of the order, to do one of those two things. If Lee submitted the application, it was to identify docket number 21-CV-1160 (CM). The court stated that, if it granted the application, Lee could proceed without prepaying fees.

The court directed the Clerk of Court to mail Lee a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Lee complied and would be dismissed if he failed to comply within the allowed time.

Appeal and disposition

Chief United States District Judge Colleen McMahon certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. This order addressed payment of filing fees and the application process; it did not decide the underlying claims in the complaint.