Mackenzie v. New York City Department of Education
- Laura Swain
- 1:21-cv-05711
- U.S. District Court · Southern District of New York
- 2
In Mackenzie v. New York City Department of Education, Judge Swain ordered payment or a fee-waiver application within 30 days.
Charles R. Mackenzie, who was required to pay the fees or submit an application to proceed without prepaying them before the case could proceed.
What happened
Charles R. Mackenzie filed this case against the New York City Department of Education and other defendants without a lawyer, but did not pay the required fees or submit an application to proceed without paying them first.
The court ordered Mackenzie, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application for permission to proceed without prepaying fees. No summons would issue at that time.
Judge Laura Taylor Swain stated that the case would be processed if Mackenzie complied; otherwise, the action would be dismissed without prejudice. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Mackenzie v. New York City Department of Education · No. 1:21-cv-05711
- Laura Swain
- July 2, 2021
Background
Charles R. Mackenzie brought the action against the New York City Department of Education and other defendants without a lawyer. The complaint was submitted without payment of the required fees and without an application to proceed without prepaying those fees.
Court’s Order
The court explained that a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application for permission to proceed without prepaying fees, commonly called an IFP application.
The court gave Mackenzie 30 days from the date of the order to pay the $402 or submit the signed IFP application, labeled with docket number 21-CV-5711 (LTS). If the court granted the application, Mackenzie could proceed without prepaying the fees. The Clerk of Court was directed to mail the order to Mackenzie and record service on the docket. No summons would issue at that time.
Disposition
Judge Laura Taylor Swain ordered that, if Mackenzie complied, the case would be processed under the Clerk’s Office procedures. If Mackenzie failed to comply within the allowed time, the action would be dismissed without prejudice. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.