Christian v. New York City Commissioner of Department of Social Services John…
Christian v. New York City Commissioner of Department of Social Services John Doe
- Laura Swain
- 1:22-cv-00535
- U.S. District Court · Southern District of New York
- 2
In Bryan Christian v. New York City Commissioner, Chief Judge Swain ordered payment or a proper fee-waiver application before the case could proceed.
Bryan Christian, who had to pay the required fees or submit the court’s amended application within 30 days to avoid dismissal of the action.
What happened
In Bryan Christian v. New York City Commissioner of Department of Social Services, Bryan Christian filed a civil action without paying the required fees or submitting the court’s application to proceed without prepaying them. The opinion states that Christian was representing himself.
The court said Christian had to pay $402, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed amended application to proceed without prepayment. His own statement about his finances was not the court’s required application.
The order gave Christian 30 days to comply and stated that the case would be dismissed if he did not. No summons would issue at that time. Chief Judge Laura Taylor Swain also denied fee-waiver status for any appeal from the order.
The detailed version
- Christian v. New York City Commissioner of Department of Social Services John… · No. 1:22-cv-00535
- Laura Swain
- Jan. 21, 2022
Background
Bryan Christian filed the action without paying the filing fees and without submitting the court’s required application to proceed without prepaying fees. The opinion states that Christian was proceeding without a lawyer. It also states that he submitted a self-described statement of his finances instead of the court’s application.
Order
The court directed Christian, within 30 days, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed amended application to proceed without prepayment of fees. The application had to identify docket number 22-CV-0535 (LTS). If the court granted that application, Christian could proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Christian and record service on the docket. The court directed that no summons issue at that time. The order stated that the case would be processed under the Clerk’s Office procedures if Christian complied, and that the action would be dismissed if he failed to comply within the allowed period.
Appeal-related ruling and classification
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addressed filing requirements and fee-waiver procedures; it did not decide the underlying claims. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.