Partridge v. Masley
- Laura Swain
- 1:22-cv-03206
- U.S. District Court · Southern District of New York
- 2
In Partridge v. Masley, Judge Swain ordered Partridge to pay fees or request permission to proceed without prepayment.
Nicholas D. Partridge, who filed the action without a lawyer, and the case against Judge Andrea Masley. The order required Partridge to pay the filing fees or submit an application to proceed without prepayment.
What happened
In Partridge v. Masley, Nicholas D. Partridge filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The opinion identifies him as representing himself.
The court gave Partridge 30 days to pay $402 or submit a signed application for permission to proceed without prepayment. No summons would issue at that time, and the case would be processed if he complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Partridge’s claims against Judge Andrea Masley.
The detailed version
- Partridge v. Masley · No. 1:22-cv-03206
- Laura Swain
- Apr. 20, 2022
Background
Nicholas D. Partridge sued Judge Andrea Masley. The order states that Partridge was representing himself. He 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 required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application requesting permission to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915.
The court ordered Partridge, within 30 days of April 20, 2022, to either pay the $402 or submit the attached application. If the court granted the application, Partridge could proceed without prepaying the fees. No summons would issue at that time. If Partridge complied, the Clerk’s Office would process the case; if he did not comply within the allowed time, the action would be dismissed.
Appeal and Effect
Judge Laura Taylor Swain 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 Partridge’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.