Swint v. Mueller
- Laura Swain
- 1:21-cv-02960
- U.S. District Court · Southern District of New York
- 2
In Swint v. Mueller, Judge McMahon ordered Swint to pay filing fees or apply to proceed without prepayment within 30 days.
Robert James Swint, who was ordered to pay the required fees or submit an application to proceed without prepaying them; the other individuals listed as plaintiffs were not authorized to proceed through Swint's self-representation.
What happened
In Swint v. Mueller, Robert James Swint filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. Although the caption listed other plaintiffs, only Swint signed the complaint.
The court ordered Swint, within 30 days, to pay $402 in filing and administrative fees or submit a signed application to proceed without prepayment. The court explained that Swint, who was representing himself, could not represent the other individuals listed in the caption. No summons would issue at that time, and the action would be dismissed if Swint did not comply.
Chief Judge Colleen McMahon also certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the claims against the defendants.
The detailed version
- Swint v. Mueller · No. 1:21-cv-02960
- Laura Swain
- Apr. 9, 2021
Background
Robert James Swint filed this civil action without paying the required fees and without submitting an application to proceed without prepaying them. The caption listed several other plaintiffs, but only Swint signed the complaint. The court noted that a person representing himself cannot appear on behalf of other individuals in their cases.
Order
The court directed Swint, within 30 days of the order, to do one of two things:
1. Pay $402.00, consisting of a $350.00 filing fee and a $52.00 administrative fee; or 2. Submit a signed application to proceed without prepaying fees, commonly called an IFP application, labeled with docket number 21-CV-2960 (CM).
The court stated that, if it grants the application, Swint may proceed without prepaying the fees. The court requested an application only from Swint because he was the only person who signed the complaint. The Clerk of Court was directed to mail the order to Swint and record service on the docket. No summons would issue at that time.
Effect of Noncompliance and Appeal
The order stated that the action would be dismissed if Swint failed to comply within the time allowed. Chief Judge Colleen McMahon 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 prepaying fees for an appeal. The order did not reach the merits of the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.