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S.D.N.Y.Procedural orderFiled Jan. 13, 2022

Green v. FOX Corporation

Judge
Laura Swain
Docket
1:22-cv-00243
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Green v. FOX Corporation, Judge Swain ordered Courtney Green to pay $402 or submit an amended application to proceed without prepaying fees.

Who this affects

Courtney Green, who must either pay the $402 in fees or submit an amended application within 30 days to avoid dismissal of the action.

What happened

In Green v. FOX Corporation, Courtney Green filed the action without a lawyer and asked to proceed without paying the court fees upfront. Her application did not fully explain her employment history, income, and expenses.

The court said it could not decide whether she qualified to proceed without prepaying fees. It required her, within 30 days, either to pay $402 or submit a completed amended application addressing the missing information.

Judge Laura Taylor Swain ordered that no summons issue yet and stated that the action will be dismissed if Green does not comply within the allowed time. The court also denied fee-free status for any appeal from this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Green v. FOX Corporation · No. 1:22-cv-00243
Judge
Laura Swain
Date
Jan. 13, 2022

Background

Courtney Green brought this action pro se, meaning without a lawyer, and submitted an application to proceed without prepaying the court’s filing fees. The total fees are $402: a $350 filing fee and a $52 administrative fee.

Green’s application stated that she was not currently employed, but did not give the date of her last employment or her gross monthly wages at that time. She stated that she received no income from the listed sources and explained that she paid her expenses with “left over unemployment.” She also reported no money in the bank and no valuable property, but listed her expenses only as “insurance, living expenses” without stating their total amount.

The court reviewed records showing that Green had recently filed other actions and had previously reported employment income and unemployment benefits in applications in those cases. The court concluded that her current application did not provide enough information about her income and expenses to determine whether she could pay the filing fees.

Order

The court did not rule on the underlying claims against FOX Corporation. It ordered Green, within 30 days of the order, either to pay the $402 in fees or submit an amended application to proceed without prepaying fees. The amended application must address the stated deficiencies and use this case’s docket number. If the court grants the amended application, Green may proceed without prepaying the fees.

No summons will issue at this time. The action will be processed by the Clerk’s Office if Green complies, but the action will be dismissed if she does not comply within the permitted time. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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