Blanco v. Jordan
- Laura Swain
- 1:21-cv-04903
- U.S. District Court · Southern District of New York
- 2
In Blanco v. Jordan, Judge Swain ordered the pro se plaintiff to pay $402 or submit an IFP application within 30 days.
Ivonne A. Blanco, who was required to pay the fees or submit an application to proceed without prepayment of fees before the case could be processed.
What happened
In Blanco v. Jordan, Ivonne A. Blanco filed a complaint without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Blanco 30 days from June 9, 2021, to pay $402 or submit a signed application to proceed without prepayment of fees. No summons would issue at that time.
Chief Judge Laura Taylor Swain ordered the Clerk to mail the order to Blanco and stated that the case would be processed if Blanco complied; otherwise, the action would be dismissed. The court also denied fee-free status for any appeal from this order.
The detailed version
- Blanco v. Jordan · No. 1:21-cv-04903
- Laura Swain
- June 9, 2021
Background
Ivonne A. Blanco brought this action without a lawyer. She submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that proceeding with a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepayment of fees. The court ordered Blanco, within 30 days of the order, to take one of those steps. Any application was to identify docket number 21-CV-4903.
No summons was to issue at that time. The Clerk was directed to mail the order to Blanco and record service on the docket. If Blanco complied, the case would be processed under the Clerk’s Office procedures. If she failed to comply within the allowed time, the action would be dismissed.
Appeal
Chief Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Disposition
The order directed payment of the required fees or submission of an application to proceed without prepayment of fees. It did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.