Warren v. Guerrero
- Laura Swain
- 1:21-cv-11236
- U.S. District Court · Southern District of New York
- 2
In Warren v. Guerrero, Judge Swain ordered Cameron Warren to pay fees or submit an IFP application within 30 days.
Cameron Warren, who must either pay the required fees or submit a signed application to proceed without prepaying them; the case will not proceed to summons issuance at this time.
What happened
In Warren v. Guerrero, Cameron Warren filed the action without paying the required $402 in fees or submitting an application to proceed without prepaying them. The court ordered him to do one of those things within 30 days.
The court directed the Clerk to mail Warren the order and said no summons would issue at that time. If Warren does not comply, the action will be dismissed without prejudice to refiling.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Warren v. Guerrero · No. 1:21-cv-11236
- Laura Swain
- Jan. 4, 2022
Background
Cameron Warren brought the action without a lawyer. He submitted a complaint but did not pay the required $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, and did not submit an application to proceed without prepaying those fees.
Order
The court ordered Warren, within 30 days of the order, either to pay the $402 in fees or submit a signed application to proceed without prepaying fees. If he submits the application, it must identify docket number 21-CV-11236 (LTS). The Clerk of Court was directed to mail Warren a copy of the order and record service on the docket. No summons was to issue at that time.
Effect and appeal
The court stated that if Warren failed to comply within the allowed time, the action would be dismissed without prejudice to refiling. The court also certified under 28 U.S.C. § 1915(a)(3) 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.