Chen v. Mount Sinai Beth Israel

Background

Victor Chen brought this civil action without a lawyer. The opinion lists Mount Sinai Beth Israel, New York State, the United States, Harvard University, Yale University, Oxford University, and Queen Elizabeth II of the United Kingdom as defendants. Chen submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying those fees.

Order

The court explained that filing a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The court gave Chen 30 days from the date of the order to make one of those submissions. If he submitted the application and the court granted it, he could proceed without prepaying the fees.

The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if Chen complied, but that the action would be dismissed if he failed to comply within the permitted time. The order did not decide the underlying claims against the defendants.

Appeal and Disposition

Chief Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied Chen permission to appeal without prepaying fees. The Clerk of Court was directed to mail Chen a copy of the order and note service on the docket.