Reiss v. Baron
- Laura Swain
- 1:22-cv-00908
- U.S. District Court · Southern District of New York
- 2
In Reiss v. Baron, Judge Swain ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Karolina Anna Reiss, who filed the action without a lawyer and was required to pay the fees or submit an application to proceed without prepayment; the action could be dismissed if she did not comply.
What happened
In Reiss v. Baron, Karolina Anna Reiss filed a civil action against Elena Baron and Denise M. Dominguez without paying the required fees or submitting an application to proceed without prepayment. The opinion states that Reiss was representing herself.
The court gave Reiss 30 days from the order’s date to either pay $402 in filing and administrative fees or complete, sign, and submit an application to proceed without prepayment. No summons would issue at that time, and the action would be processed under the Clerk’s Office procedures if she complied.
Judge Laura Taylor Swain ordered the Clerk to mail the order to Reiss. The court stated that it would dismiss the action if Reiss did not comply, and denied permission to appeal without prepayment because any appeal would not be taken in good faith.
The detailed version
- Reiss v. Baron · No. 1:22-cv-00908
- Laura Swain
- Feb. 17, 2022
Background
Karolina Anna Reiss sued Elena Baron, in her individual capacity, and Denise M. Dominguez, in her individual capacity. Reiss filed the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees. The opinion identifies Reiss as proceeding without a lawyer.
The Court’s Order
The court explained that starting a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application requesting permission to proceed without prepayment. The court ordered Reiss, within 30 days of February 17, 2022, to choose one of those options. If she submitted the application, it had to identify docket number 1:22-CV-0908 (LTS).
No summons would issue at that time. If Reiss complied, the Clerk’s Office would process the action under its procedures. If she did not comply within the allotted time, the court stated that it would dismiss the action.
Appeal and Disposition
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 prepayment of fees. The order directed the Clerk to mail Reiss a copy and note service on the docket. This order addressed payment of fees and the application process; it did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.