Ware Bey v. Adams
- Paul Engelmayer
- 1:22-cv-02593
- U.S. District Court · Southern District of New York
- 3
In Ware Bey v. Adams, Chief Judge Swain ordered payment or a corrected fee-waiver application within 30 days.
Vicky Ware Bey, who must either pay the fees or submit a corrected, signed fee-waiver application; the Doe plaintiffs could not be represented by her as a nonlawyer.
What happened
In Ware Bey v. Adams, Vicky Ware Bey brought the action without a lawyer and also tried to include 1,000 John Doe and 1,000 Jane Doe plaintiffs. The court noted that a nonlawyer may represent only her own interests.
Bey submitted an unsigned affidavit requesting permission to proceed without paying filing fees. The affidavit did not provide enough information about her employment, income, assets, debts, or other financial circumstances to show that she could not afford the fees.
Chief Judge Laura Taylor Swain ordered Bey, within 30 days, either to pay $402 or submit a completed, signed amended application explaining her financial circumstances. No summons would issue at that time, and the action would be dismissed if she did not comply.
The detailed version
- Ware Bey v. Adams · No. 1:22-cv-02593
- Paul Engelmayer
- Apr. 4, 2022
Background
Vicky Ware Bey brought this action without a lawyer. The caption also listed 1,000 John Doe and 1,000 Jane Doe plaintiffs, but the court explained that a nonlawyer may represent only her own interests and may not appear on behalf of other people.
To begin a civil action in federal court, a plaintiff must either pay the filing and administrative fees or request permission to proceed without paying those fees in advance. Bey submitted an affidavit requesting that permission instead of using the court’s form application. The affidavit did not provide facts about her employment status, income, money, assets, debts, or other financial obligations. It also did not contain her signature. The affidavit referred to a “Notice of Removal,” creating uncertainty about whether it was intended for this action, although it was captioned with this case’s information.
Court’s Action
The court ordered Bey, within 30 days, either to pay the $402 in fees or submit a completed and signed amended application to proceed without prepaying fees. Any amended application had to use docket number 22-CV-2593 (LTS) and provide facts showing that she could not afford the fees. If the court granted the amended application, Bey would be allowed to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if she failed to comply within the allowed period.
Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied fee-waiver status for an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.