Shaw v. Bronx Care Health System
- Jesse Furman
- 1:22-cv-02757
- U.S. District Court · Southern District of New York
- 2
In Shaw v. Bronx Care Health System, Judge Swain ordered pro se plaintiff Nicole Antoinette Shaw to pay fees or apply to proceed without prepayment.
Nicole Antoinette Shaw and the processing of her civil action against Bronx Care Health System and the other named defendants; the order required Shaw to pay the fees or submit an application before the case could proceed.
What happened
In Shaw v. Bronx Care Health System, Nicole Antoinette Shaw filed a civil action without paying the required fees or submitting an application to proceed without prepayment because of inability to pay.
The court ordered Shaw, within 30 days, either to pay $402 in fees or submit a signed application to proceed without prepayment. No summons would issue yet, and the court stated that the action would be dismissed if she did not comply.
Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Shaw v. Bronx Care Health System · No. 1:22-cv-02757
- Jesse Furman
- Apr. 14, 2022
Background
Nicole Antoinette Shaw brought this civil action pro se, meaning without a lawyer. She submitted the complaint without paying the required fees and without an application to proceed without prepayment of fees.
Order
The court explained that starting a civil action generally requires payment of a $350 filing fee and a $52 administrative fee, for a total of $402. A person who seeks permission to proceed without prepaying those fees must submit a signed application under 28 U.S.C. § 1915.
The court ordered Shaw to do one of two things within 30 days of the order: pay the $402 in fees or submit the attached application to proceed without prepayment, labeled with docket number 22-CV-2757 (LTS). The court stated that, if it grants the application, Shaw may proceed without prepaying the fees. No summons would issue at that time. If Shaw did not comply within the allowed period, the action would be dismissed.
Appeal provision
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.