Beamon v. Commissioner of Social Security
- Vyskocil
- 1:21-cv-01021
- U.S. District Court · Southern District of New York
- 4
Beamon v. Commissioner, Judge Vyskocil ordered Shelton Beamon to pay fees or submit an application to proceed without prepaying them within 30 days.
Shelton Beamon, who was required to pay the fees or submit an application to proceed without prepaying them; the case would be dismissed if he failed to comply within 30 days.
What happened
In Beamon v. Commissioner of Social Security, Shelton Beamon filed a lawsuit without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Beamon to pay $402 or submit the required application within 30 days. The $402 consists of a $350 filing fee and a $52 administrative fee.
Judge Mary Kay Vyskocil ordered the Clerk to mail Beamon the order and said no summons would issue yet. The court stated that the action would be dismissed if Beamon did not comply, and denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Beamon v. Commissioner of Social Security · No. 1:21-cv-01021
- Vyskocil
- Apr. 7, 2021
Background
Shelton Beamon brought this Social Security case without a lawyer. He submitted a complaint but did not pay the required filing fees and did not submit an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that bringing a civil action required either payment of $402 in fees—a $350 filing fee plus a $52 administrative fee—or submission of a signed IFP application. The court gave Beamon 30 days from the date of the order to take one of those actions. If the court grants the application, Beamon may proceed without paying the fees in advance.
The Clerk of Court was directed to mail Beamon 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 Beamon complied and would be dismissed if he did not comply within the allowed time.
Other ruling and effect
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order did not decide the merits of Beamon’s Social Security claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.