Cornelius v. Jagger
- Laura Swain
- 1:22-cv-03405
- U.S. District Court · Southern District of New York
- 2
In Cornelius v. Jagger, Judge Swain ordered the self-represented plaintiff to pay fees or submit a fee-waiver application within 30 days.
Jaquana Cornelius, the self-represented plaintiff, must either pay the required fees or submit the required application within 30 days to avoid dismissal of the action.
What happened
In Cornelius v. Jagger, Jaquana Cornelius, representing herself, filed the action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Cornelius 30 days to pay $402 or submit the application. No summons will issue yet; if she complies, the case will be processed, but if she does not, the action will be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Cornelius v. Jagger · No. 1:22-cv-03405
- Laura Swain
- May 4, 2022
Background
Jaquana Cornelius brought this action without a lawyer against Mick Jagger or Sir Michael Philip Jagger. Cornelius submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that filing 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 prepaying fees. The court ordered Cornelius, within 30 days of the order, to do one of those two things. If she submits the application, it must identify docket number 22-CV-3405.
No summons will issue at this time. If Cornelius complies, the Clerk’s Office will process the case. If she does not comply within the allowed period, the action will be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal.
What the Order Did Not Decide
This order addressed filing fees and the fee-waiver application. It did not decide the underlying claims against the defendant.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.