Murray McIver v. SSA Commissioner
- Laura Swain
- 1:22-cv-00515
- U.S. District Court · Southern District of New York
- 2
In Murray McIver v. SSA Commissioner, Judge Swain ordered Tamicko Murray McIver to pay $402 or apply to proceed without fees within 30 days.
Tamicko Murray McIver, whose case must either be accompanied by the required $402 payment or a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action.
What happened
In Tamicko Murray McIver v. SSA Commissioner, the plaintiff filed a complaint without paying the required fees or submitting an application to proceed without paying them. The court said the total required fees were $402.
The court gave Tamicko Murray McIver 30 days to pay the fees or submit a signed application to proceed without paying them. No summons will be issued yet, and the action will be dismissed if the plaintiff does not comply.
Judge Laura Taylor Swain directed the Clerk of Court to mail the order to the plaintiff and record service on the docket. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Murray McIver v. SSA Commissioner · No. 1:22-cv-00515
- Laura Swain
- Jan. 20, 2022
Order
Tamicko Murray McIver filed this civil action without a lawyer but did not pay the filing fees or submit an application to proceed without prepaying them. The court explained that the required fees total $402: a $350 filing fee and a $52 administrative fee.
Required Filing or Payment
The court ordered Tamicko Murray McIver, within 30 days of the order, either to pay the $402 in fees or submit a signed application to proceed without prepaying fees. If the court grants that application, the plaintiff may proceed without prepaying the fees. The application must identify docket number 22-CV-0515 (LTS).
Effect on the Case
The Clerk of Court was directed to mail the order to the plaintiff and note service on the docket. No summons was to issue at that time. The order states that the case will be processed under the Clerk’s Office procedures if the plaintiff complies, but the action will be dismissed if the plaintiff does not comply within the allowed time.
Appeal
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.