Jean-Louis v. Long Island Business Institute
- Laura Swain
- 1:22-cv-01263
- U.S. District Court · Southern District of New York
- 2
In Jean-Louis v. Long Island Business Institute, Judge Swain ordered payment or an IFP application within 30 days, warning of dismissal.
Moises-Lena Jean-Louis, who must either pay the $402 in fees or submit a signed application to proceed without prepaying them within 30 days; the action will be dismissed if Jean-Louis does not comply.
What happened
In Jean-Louis v. Long Island Business Institute, Moises-Lena Jean-Louis filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Jean-Louis 30 days to pay $402 or submit a signed application to proceed without prepaying the fees. No summons will issue yet, and the case will be processed if Jean-Louis complies.
Judge Laura Taylor Swain warned that the action will be dismissed if Jean-Louis does not comply. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Jean-Louis v. Long Island Business Institute · No. 1:22-cv-01263
- Laura Swain
- Feb. 15, 2022
Background
Moises-Lena Jean-Louis brought this action without a lawyer. Jean-Louis submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying those fees.
Court’s Order
The court explained that filing a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application under 28 U.S.C. §§ 1914 and 1915.
The court ordered Jean-Louis, within 30 days of the order, either to pay the $402 or submit the attached application. If the application is granted, Jean-Louis may proceed without prepaying the fees. The application must identify docket number 22-CV-1263 (LTS).
No summons will issue at this time. If Jean-Louis complies, the Clerk’s Office will process the case under its procedures. If Jean-Louis does not comply within the allowed time, the action will be dismissed. The court also directed the Clerk to mail Jean-Louis a copy of the order and record service on the docket.
Appeal-Related Ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an 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.