Cormier v. Cam XIX Trust
- Laura Swain
- 1:22-cv-00363
- U.S. District Court · Southern District of New York
- 2
In Cormier v. Cam XIX Trust, Chief Judge Swain ordered the pro se plaintiff to pay $402 or submit an application to proceed without prepaying fees.
Andre C. Cormier, who must pay the required fees or submit an application to proceed without prepaying them within 30 days.
What happened
In Cormier v. Cam XIX Trust, et al., Andre C. Cormier filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The court explained that the fees total $402.
Within 30 days, Cormier must either pay the $402 or submit a signed application to proceed without prepaying fees. The court said no summons would issue yet and that the action would be dismissed if he did not comply.
Chief Judge Laura Taylor Swain directed the Clerk to mail the order to Cormier and record service. The court also denied permission to appeal without prepaying fees, stating that an appeal from this order would not be taken in good faith.
The detailed version
- Cormier v. Cam XIX Trust · No. 1:22-cv-00363
- Laura Swain
- Feb. 1, 2022
Background
Andre C. Cormier brought this civil action without a lawyer. He submitted the complaint without paying the filing and administrative fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that proceeding with a civil action requires either payment of $402— consisting of a $350 filing fee and a $52 administrative fee—or a signed application requesting permission to proceed without prepaying fees. The court cited 28 U.S.C. §§ 1914 and 1915.
The court gave Cormier 30 days from the date of the order to pay the $402 or submit the attached application. If the court grants that application, Cormier may proceed without prepaying the fees. The application should include docket number 22-CV-0363 (LTS).
The Clerk of Court was directed to mail Cormier a copy of the order and note service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk's Office procedures if Cormier complied, but that the action would be dismissed if he did not comply within the permitted time.
Appeal
The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order did not decide the underlying claims in the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.