Arroyo v. Kent Security Services
- Laura Taylor Swain
- 1:22-cv-00073
- U.S. District Court · Southern District of New York
- 2
In Arroyo Noel v. Kent Security Services, Judge Laura Taylor Swain ordered the pro se plaintiff to pay fees or seek permission to proceed without prepayment.
Arroyo Noel, the unrepresented plaintiff, had to pay the required fees or submit an application to proceed without prepayment; the case could be dismissed for failing to do so.
What happened
Arroyo Noel sued Kent Security Services without a lawyer but did not submit the required filing fees or an application to proceed without prepaying them.
The court gave Arroyo Noel 30 days to pay $402 or submit a signed application for permission to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if Arroyo Noel did not comply.
Chief Judge Laura Taylor Swain entered the order on January 7, 2022. The court also denied permission to appeal without prepaying fees, stating that an appeal would not be taken in good faith.
The detailed version
- Arroyo v. Kent Security Services · No. 1:22-cv-00073
- Laura Taylor Swain
- Jan. 7, 2022
Background
Arroyo Noel brought this civil action pro se, meaning without a lawyer. The complaint was submitted without the $402 required to begin a civil action in the court—$350 for the filing fee and $52 for the administrative fee. Arroyo Noel also did not submit an application to proceed without prepaying those fees.
Court’s Order
The court ordered Arroyo Noel, within 30 days of the order’s date, either to pay the $402 in fees or to submit the attached signed application to proceed without prepayment. The application was to identify docket number 21-CV-0073 (LTS). If the court granted the application, Arroyo Noel would be allowed to proceed without prepaying the fees.
The Clerk of Court was directed to mail the order to Arroyo Noel and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Arroyo Noel complied, but that the action would be dismissed if Arroyo Noel failed to comply within the allowed time.
Appeal and Effect
Chief United States District Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed the payment or waiver of filing fees and did not decide the underlying claims against Kent Security Services.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.