Weinstein v. Miller
- Cathy Seibel
- 7:21-cv-04543
- U.S. District Court · Southern District of New York
- 2
In Weinstein v. Miller, Judge Swain ordered payment of the filing fees or an application to proceed without paying them.
Elizabeth Harding Weinstein, who must pay the required fees or submit an application to proceed without prepaying them within 30 days.
What happened
In Weinstein v. Miller, Elizabeth Harding Weinstein filed the action without paying the required fees and without submitting an application to proceed without prepaying them.
The court gave Weinstein 30 days to pay $402 or submit a signed application to proceed without prepaying fees. No answer was required at that time, but the court said the action would be dismissed if she did not comply.
Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Weinstein v. Miller · No. 7:21-cv-04543
- Cathy Seibel
- June 17, 2021
Background Elizabeth Harding Weinstein filed this action without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees. The opinion identifies Weinstein as proceeding without a lawyer.
Order The court ordered Weinstein, within 30 days of the order, either to pay $402 in fees or to submit a signed application to proceed without prepayment of fees. The $402 consists of a $350 filing fee and a $52 administrative fee. If the court grants the application, Weinstein may proceed without prepaying the fees. No answer was required at that time.
The court stated that the case would be processed through the Clerk’s Office if Weinstein complied. If she did not comply within the allowed time, the action would be dismissed.
Appeal The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Result The order required Weinstein to pay the fees or submit an application to proceed without prepaying them; it did not rule on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.