Mintu v. Mayorkas
- Vernon Broderick
- 1:22-cv-02065
- U.S. District Court · Southern District of New York
- 2
In Mintu v. Mayorkas, Chief Judge Swain ordered payment of $402 or an application to proceed without prepaying fees within 30 days.
Shariful Mintu, who had to pay the required fees or submit a completed fee-waiver application to continue the action; the defendants were not required to respond at this stage.
What happened
In Mintu v. Mayorkas, Shariful Mintu, representing himself, sought a court order and declarations concerning his case. He submitted the complaint with $5 instead of the required fees.
The court ordered Mintu, within 30 days, either to pay the full $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. The clerk was ordered to return the $5 payment, and no summons would issue yet.
Chief Judge Laura Taylor Swain stated that the case would be dismissed if Mintu did not comply. She also denied permission to appeal without prepaying fees, finding that any appeal from this order would not be taken in good faith.
The detailed version
- Mintu v. Mayorkas · No. 1:22-cv-02065
- Vernon Broderick
- Mar. 16, 2022
Background
Shariful Mintu filed this self-represented action seeking a writ of mandamus, meaning a court order requiring government action, and declaratory relief. The opinion identifies Alejandro Mayorkas, Secretary of the Department of Homeland Security, and Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services, as defendants.
Fee requirement
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. A plaintiff who cannot pay at the beginning of the case may instead request permission to proceed without prepaying fees by submitting a signed application, commonly called an application to proceed in forma pauperis. Mintu submitted the complaint with a $5 payment.
Order
The court ordered Mintu, within 30 days of the order, to either pay the full $402 or submit a completed fee-waiver application. The payment or application was to identify docket number 22-CV-2065 (LTS). The clerk was directed to return the $5 payment to Mintu and mail him a copy of the order. No summons would issue at that time.
If Mintu failed to comply within the allowed period, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements and did not decide the merits of Mintu's requested relief.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.