Jordan v. New York State Department of Taxation And Finance
- Laura Swain
- 1:21-cv-09595
- U.S. District Court · Southern District of New York
- 2
Jordan v. New York State Department of Taxation and Finance: Judge Swain ordered payment or an IFP application within 30 days.
Janessa Jordan, who must either pay $402 or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Jordan v. New York State Department of Taxation and Finance, Janessa Jordan filed a civil action without paying the required fees or submitting an application to proceed without prepayment.
The court ordered Jordan, who is representing herself, to pay $402 or submit a signed application to proceed without prepayment within 30 days. No summons will issue at this time.
Judge Laura Taylor Swain said the case will be processed if Jordan complies, but the action will be dismissed if she does not. The court also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jordan v. New York State Department of Taxation And Finance · No. 1:21-cv-09595
- Laura Swain
- Jan. 25, 2022
Background
Janessa Jordan brought this civil action without a lawyer. The opinion does not address the claims' underlying legal issues. To proceed in the Southern District of New York, a plaintiff must either pay a $350 filing fee and a $52 administrative fee, totaling $402, or submit a signed application to proceed without prepaying fees, commonly called an IFP application.
Order
Jordan submitted the complaint without the fees and without an IFP application. The court ordered her, within 30 days of the order, to either pay $402 or submit the attached signed IFP application labeled with docket number 21-CV-9595. If the court grants the application, Jordan may proceed without prepaying fees. No summons will issue at this time.
Disposition
The court stated that the case will be processed under the Clerk's Office procedures if Jordan complies. If she does not comply within the allowed time, the action will be dismissed. The court also certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.