Angel v. Carter
- Laura Swain
- 1:22-cv-00486
- U.S. District Court · Southern District of New York
- 2
In Angel v. Carter, Judge Swain ordered Micah Angel to pay fees or submit an application to proceed without prepayment.
Micah Angel, who was representing himself, was required to pay the filing and administrative fees or submit an application to proceed without prepayment. The case could be dismissed if he did not comply within 30 days.
What happened
Angel v. Carter is a case brought by Micah Angel, who was representing himself, against Beyonce Carter and other defendants. Angel submitted a complaint without paying the required fees or submitting an application to proceed without prepayment of fees.
The court ordered Angel, within 30 days, either to pay $402 in filing and administrative fees or to submit a signed application to proceed without prepayment. The court did not issue a summons at that time and did not decide the claims in the complaint.
Judge Laura Taylor Swain ordered that the case would be processed if Angel complied, but that the action would be dismissed if he did not comply within the allowed time. She also denied permission to proceed without prepayment for any appeal from the order.
The detailed version
- Angel v. Carter · No. 1:22-cv-00486
- Laura Swain
- Jan. 20, 2022
Background
Micah Angel filed a civil action against Beyonce Carter and other defendants while representing himself. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees.
Order
The court explained that starting a civil action required either paying $402—consisting of a $350 filing fee and a $52 administrative fee—or submitting a signed application to proceed without prepayment of fees. Within 30 days of the order, Angel had to choose one of those options. If the court granted the application, Angel could proceed without paying the fees in advance.
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 Angel complied with the order, and that the action would be dismissed if he failed to comply within the allowed period. The court did not address the merits of the claims.
Appeal and service
The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepayment for purposes of an appeal. The Clerk of Court was directed to mail Angel a copy of the order and record service on the docket.
Disposition
The court entered an order directing payment of the required fee or submission of an application to proceed without prepayment. The opinion’s caption lists docket number 21-CV-0486 (LTS), while the text instructs Angel to label any application with docket number 22-CV-0486 (LTS).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.