Bey v. Mazda Motor of America, Inc.
- James Oetken
- 1:22-cv-03328
- U.S. District Court · Southern District of New York
- 2
In Bey v. Mazda Motor of America, Inc., Judge Swain ordered the pro se plaintiff to pay fees or submit an IFP application within 30 days.
Tamerlane T. Bey, the self-represented plaintiff, had to pay the required fees or submit an IFP application within 30 days for the action to proceed.
What happened
In Bey v. Mazda Motor of America, Inc., Tamerlane T. Bey filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Bey to pay $402 or submit a signed application to proceed without prepaying fees within 30 days. No summons would issue immediately, and the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also ruled that an appeal from the order could not proceed without prepayment of appeal fees because it would not be taken in good faith.
The detailed version
- Bey v. Mazda Motor of America, Inc. · No. 1:22-cv-03328
- James Oetken
- Apr. 28, 2022
Background
Tamerlane T. Bey filed the action without a lawyer. He submitted a complaint but did not pay the required filing and administrative fees and did not submit an application to proceed without prepaying fees, known as an IFP application.
Order
The court explained that proceeding with a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915.
The court gave Bey 30 days from the date of the order to pay the fees or submit the IFP application. The application had to identify docket number 22-CV-3328 (LTS). If the court granted the application, Bey could proceed without prepaying the fees.
No summons would issue at that time. The case would be processed by the Clerk’s Office if Bey complied. If he did not comply within the allowed time, the action would be dismissed.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Disposition
The court entered an order directing payment of the required fees or submission of an IFP application; it did not dismiss the action in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.