Newton v. US Census Bureau
- Laura Swain
- 1:22-cv-02841
- U.S. District Court · Southern District of New York
- 2
In Newton v. US Census Bureau, Judge Swain ordered Newton to pay fees or submit an IFP application within 30 days.
Melissa M. Newton, who filed the action without a lawyer; the action against the US Census Bureau cannot proceed to summons at this stage unless she pays the fees or submits the required application.
What happened
In Melissa M. Newton v. US Census Bureau, Melissa M. Newton filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court gave Newton 30 days to pay $402 or submit the required application. No summons will issue yet, and the action will be dismissed if she does not comply. The court also denied fee-free status for any appeal from this order.
Judge Laura Taylor Swain issued the order on April 6, 2022. The order addressed the filing requirements only and did not decide the claims in the action.
The detailed version
- Newton v. US Census Bureau · No. 1:22-cv-02841
- Laura Swain
- Apr. 6, 2022
Background
Melissa M. Newton brought this action pro se, meaning without a lawyer. She submitted a complaint but neither paid the required fees nor submitted an application to proceed without prepaying them.
Order
The court explained that starting a civil action required payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, Newton could submit a signed application to proceed without prepayment of fees under 28 U.S.C. § 1915. The court ordered her, within 30 days of the order, to either pay the $402 or submit the application labeled with docket number 22-CV-2841 (LTS). If the court grants the application, Newton may proceed without prepaying the fees.
No summons will issue at this time. The court stated that the action will be dismissed if Newton does not comply within the permitted time. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Disposition and significance
Judge Laura Taylor Swain issued a filing-related order requiring Newton to pay the fees or submit the application. The order did not address the merits of Newton's claims against the US Census Bureau.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.