Swint v. Faceboake Inc.
- Laura Swain
- 1:21-cv-04500
- U.S. District Court · Southern District of New York
- 2
In Swint v. Faceboake Inc., Judge Swain ordered Robert James Swint to pay fees or submit an IFP application within 30 days.
Robert James Swint, who filed the action without a lawyer, must either pay $402 in fees or submit a signed application to proceed without prepayment of fees within 30 days; otherwise, the claims will be dismissed.
What happened
In Swint v. Faceboake Inc., Robert James Swint filed the action without paying the required fees or submitting an application to proceed without paying them upfront. He was representing himself.
The court ordered Robert James Swint to pay $402 or complete, sign, and submit an application to proceed without prepayment of fees within 30 days. The court directed the Clerk to mail him the order, and no summons would issue at that time.
Judge Swain stated that failure to comply would result in dismissal of the claims. The court also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Swint v. Faceboake Inc. · No. 1:21-cv-04500
- Laura Swain
- June 3, 2021
Background
Robert James Swint brought the action representing himself. The complaint was submitted without the required filing and administrative fees and without an application to proceed without prepayment of fees.
Order
The court explained that proceeding with a civil action required payment of $402: a $350 filing fee and a $52 administrative fee. Within 30 days, Robert James Swint was ordered either to pay those fees or to complete, sign, and submit the attached application to proceed without prepayment of fees. If the court grants that application, he may proceed without paying the fees upfront.
The Clerk of Court was directed to mail a copy of the order to Robert James Swint and record service on the docket. No summons was to issue at that time. The court stated that compliance would allow the claims to be processed under the Clerk’s Office procedures, while failure to comply within the allowed time would result in dismissal of the claims.
Appeal
The court 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 appeal without prepayment of fees. Judge Laura Taylor Swain did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.