Miles v. New York-Presbyterian Hospital

Background

Dylan Miles filed this civil action without a lawyer. He submitted a complaint but did not pay the required $402 in filing and administrative fees and did not submit an application to proceed without prepaying fees, commonly called an IFP application. The opinion does not describe the substance of Miles’s claims.

Miles also did not provide a mailing address or consent to electronic service of court documents. The court stated that he had to provide an address so the case could proceed.

Order

The court directed Miles, within 30 days of the order’s date, to do both of the following:

- Pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed IFP application labeled with docket number 22-CV-3161 (LTS). - Provide a mailing address where he could receive service of documents, in a written submission to the court’s Pro Se Intake Unit labeled with the docket number.

Miles could also provide an email address and consent to receive court documents electronically. Because the order could not be mailed to him, the court noted that he would receive notice by reviewing the docket or contacting the Pro Se Intake Unit. No summons would issue at that time.

Potential consequence and appeal

The court stated that if Miles failed to respond within the 30-day period, it would dismiss the complaint without prejudice, meaning the order did not bar him from refiling it. Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.