Hairston v. Commissioner of Social Security
- Andrew Carter
- 1:20-cv-05432
- U.S. District Court · Southern District of New York
- 2
In Hairston v. Commissioner, Judge Carter ordered Denise Hairston to pay filing fees or submit an application to proceed without paying them.
Denise Hairston, who filed the action without a lawyer, must either pay the filing fees or submit an application to proceed without prepaying them.
What happened
In Hairston v. Commissioner of Social Security, Denise Hairston filed a case without paying the filing fees or submitting an application to proceed without paying them.
The court gave Hairston 30 days to pay $402 in fees or submit the attached application. If the court approves the application, she may proceed without paying the fees in advance. No summons will issue yet.
If Hairston does not comply, the action will be dismissed. The court also denied permission to appeal without paying fees, and Judge Andrew L. Carter, Jr. stated that any appeal would not be taken in good faith.
The detailed version
- Hairston v. Commissioner of Social Security · No. 1:20-cv-05432
- Andrew Carter
- June 7, 2021
Background
Denise Hairston brought this action without a lawyer. She submitted the complaint without paying the required filing fees and without an application to proceed without prepaying those fees.
Order
The court directed Hairston, within 30 days of the order, to do one of two things: pay $402 in filing fees or submit a signed application to proceed without prepayment of fees. The court explained that, if it grants the application, Hairston will be permitted to proceed without paying the fees in advance. The application should identify docket number 20-CV-5432.
The Clerk of Court was directed to mail the order to Hairston and record service on the docket. No summons was to issue at that time. If Hairston complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed period, the action will be dismissed.
Appeal and disposition
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 prepaying fees. Judge Andrew L. Carter, Jr. signed the order. The opinion does not decide the underlying claims in the Social Security action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.