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S.D.N.Y.Procedural orderFiled Jan. 19, 2022

El Bey v. Dogdig

Judge
Laura Swain
Docket
1:22-cv-00091
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In El Bey v. Dogdig, Judge Swain ordered Jakim El Bey to pay $402 or apply to proceed without prepaying fees within 30 days.

Who this affects

Jakim El Bey, who must either pay the required fees or submit a signed application to proceed without prepaying them within 30 days.

What happened

In El Bey v. Dogdig, Jakim El Bey filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The court said the required payment is $402.

The court gave El Bey 30 days to pay the fees or submit a signed application to proceed without prepaying them. No summons will be issued yet. If he does not comply on time, the action will be dismissed.

Judge Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

The detailed version

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

Case
El Bey v. Dogdig · No. 1:22-cv-00091
Judge
Laura Swain
Date
Jan. 19, 2022

Background

Jakim El Bey brought this civil action without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees.

Order

The court ordered El Bey, within 30 days of the order, to either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or complete, sign, and submit an application to proceed without prepaying fees. The application had to identify docket number 1:22-CV-0091. The court explained that, if the application were granted, El Bey could proceed without prepaying the fees.

The Clerk of Court was directed to mail the order to El Bey and record service on the docket. No summons was to issue at that time. The order states that, if El Bey complied, the action would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

Appeal

The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of El Bey’s claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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