Williams v. New York City Department of Education
- Laura Swain
- 1:21-cv-00520
- U.S. District Court · Southern District of New York
- 2
In Williams v. New York City Department of Education, Judge McMahon ordered payment or an IFP application within 30 days, or dismissal.
Deonca Williams, who was required to pay the case fees or submit an application to proceed without prepaying them; the case would be dismissed if she did not comply.
What happened
In Deonca Williams v. New York City Department of Education, Williams filed a civil case without paying the required fees or submitting an application to proceed without prepaying them. The order states that Williams was representing herself.
The court required Williams, within 30 days, either to pay $402 in filing and administrative fees or to submit a signed application to proceed without prepaying fees. The court also directed the Clerk to mail the order, and no summons was to issue at that time.
Chief Judge Colleen McMahon ordered that the case would proceed under the Clerk’s procedures if Williams complied, but would be dismissed if she did not. Judge McMahon also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Williams v. New York City Department of Education · No. 1:21-cv-00520
- Laura Swain
- Mar. 26, 2021
Background
Deonca Williams filed this civil action against the New York City Department of Education and Assistant Principal Felicia Bray. The opinion states that Williams was proceeding without a lawyer. Williams submitted the complaint without paying the required fees and without an application to proceed without prepaying fees.
Order
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead, Williams could request permission to proceed without prepaying fees by submitting a signed application under 28 U.S.C. § 1915. The court gave Williams 30 days from the date of the order to choose one of those options and instructed that any application should include docket number 21-CV-0520 (CM).
The Clerk of Court was directed to mail the order to Williams and record service on the docket. No summons was to issue at that time. If Williams complied, the case would be processed under the Clerk’s procedures. If Williams failed to comply within the allowed period, the action would be dismissed.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Disposition
The court entered an order directing Williams either to pay the required fees or submit an application to proceed without prepaying them. The opinion does not state that the action was dismissed at that time; it states that dismissal would occur if Williams failed to comply. The order was signed by Colleen McMahon, Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.