Aaron v. Keyser
- Philip Halpern
- 7:21-cv-05258
- U.S. District Court · Southern District of New York
- 2
In Aaron v. Keyser, Judge Swain ordered payment of fees or an application to proceed without paying upfront.
Shavon Aaron, who was required to pay the filing fees or submit an application to proceed without prepaying them, and the defendants, whose case would not proceed to summons issuance unless Aaron complied.
What happened
In Aaron v. Keyser, Shavon Aaron filed a civil case without paying the required fees or submitting an application to proceed without paying them upfront. The opinion says Aaron was representing themself.
The court gave Aaron 30 days to pay $402 or submit a signed application to proceed without prepaying fees. No summons would be issued at that time, and the case would be processed if Aaron complied. The court said the action would be dismissed if Aaron did not comply within the deadline.
Judge Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order did not decide the underlying claims.
The detailed version
- Aaron v. Keyser · No. 7:21-cv-05258
- Philip Halpern
- June 16, 2021
Background
Shavon Aaron filed this civil action without paying the required filing fees and without submitting an application to proceed without prepayment of fees. The opinion states that Aaron proceeded without a lawyer. The defendants are listed as S. Keyser and others.
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 a signed application to proceed without prepaying fees under 28 U.S.C. §§ 1914 and 1915.
The court ordered Aaron, within 30 days of the order, to either pay the $402 or submit the attached application. If the court granted the application, Aaron would be allowed to proceed without paying the fees upfront. The Clerk of Court was directed to mail the order to Aaron and record service on the docket. No summons would issue at that time. If Aaron complied, the case would be processed under the Clerk’s Office procedures; if Aaron failed to comply within the allowed time, the action would be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Disposition
The order directed Aaron to pay the required fees or submit 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.