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S.D.N.Y.Procedural orderFiled Feb. 22, 2022

Joseph v. HealthFirst Management Services, LLC

Judge
Laura Swain
Docket
1:22-cv-01428
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Joseph v. HealthFirst, Judge Swain ordered Pierre to pay filing fees or submit an application to proceed without prepaying them.

Who this affects

Joseph T. Pierre, who must either pay the required fees or submit an application to proceed without prepaying them to avoid dismissal of the action.

What happened

Joseph v. HealthFirst Management Services, LLC began when Joseph T. Pierre filed a complaint without paying the required fees or submitting an application to proceed without prepaying them. The order does not address the substance of his claims.

Pierre must, within 30 days, either pay $402 in filing and administrative fees or submit a signed application to proceed without prepayment. The court said no summons would issue yet and that the action will be dismissed if he does not comply.

Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Joseph v. HealthFirst Management Services, LLC · No. 1:22-cv-01428
Judge
Laura Swain
Date
Feb. 22, 2022

Background

Joseph T. Pierre brought the action without a lawyer. He submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepaying fees.

Order

The court explained that filing the civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application under 28 U.S.C. § 1915 to proceed without prepayment of fees. The court gave Pierre 30 days from the order’s date to pay the fees or submit the application, labeled with docket number 22-CV-1428 (LTS). If the court grants the application, Pierre may proceed without prepaying the fees.

No summons will issue at this time. The court stated that the case will be processed under the Clerk’s Office procedures if Pierre complies, but that the action will be dismissed if he does not comply within the allowed time. The order does not decide the underlying claims.

Appeal-related ruling

The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order on February 22, 2022.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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