Liner v. Jenkins
- Laura Swain
- 1:22-cv-03448
- U.S. District Court · Southern District of New York
- 2
In Liner v. Jenkins, Judge Swain ordered pro se plaintiff Joshua Liner to pay fees or submit an IFP application within 30 days.
Joshua Liner, who must either pay the required filing and administrative fees or submit a signed application to proceed without prepaying them; the case may be dismissed if he does not comply.
What happened
In Liner v. Jenkins, Joshua Liner filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Liner to pay $402 or complete, sign, and submit the application within 30 days. The court said no summons would issue for now and that the action would be dismissed if he did not comply.
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 detailed version
- Liner v. Jenkins · No. 1:22-cv-03448
- Laura Swain
- May 16, 2022
Background
Joshua Liner brought this civil action without a lawyer. The opinion states that he submitted the complaint without paying the required fees and without an application to proceed without prepayment of fees, commonly called an in forma pauperis or IFP application.
Order
The court explained that filing the action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed IFP application requesting permission to proceed without prepaying those fees. Within 30 days of the order, Liner had to choose one of those options. If the court granted the application, he would be allowed to proceed without prepaying the fees.
The court ordered that no summons issue at that time. It stated that, if Liner complied, the action would be processed under the Clerk’s Office procedures, but that the action would be dismissed if he failed to comply within the allowed time. The order also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Other detail
The caption lists docket number 1:22-CV-3448 (LTS), while the order’s instruction about labeling the IFP application refers to 12-CV-3448 (LTS).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.