Calderon v. Commissioner of Social Security
- Laura Swain
- 1:22-cv-05282
- U.S. District Court · Southern District of New York
- 2
In Calderon v. Commissioner, Judge Swain ordered pro se plaintiff Jason Calderon to pay fees or submit an application to proceed without paying fees within 30 days.
Jason Calderon, who was required to pay the filing fees or submit an application to proceed without prepaying them within 30 days to avoid dismissal of the action.
What happened
In Calderon v. Commissioner of Social Security, Jason Calderon filed a civil action without paying the required fees or submitting an application to proceed without paying them. The order states that he was representing himself.
The court gave Calderon 30 days to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No response from the Commissioner of Social Security was required at that time. If Calderon did not comply, the action would be dismissed.
Judge Laura Taylor Swain directed these steps and certified that any appeal would not be taken in good faith, denying permission to appeal without prepaying fees. The order did not decide the underlying Social Security dispute.
The detailed version
- Calderon v. Commissioner of Social Security · No. 1:22-cv-05282
- Laura Swain
- June 23, 2022
Background
Jason Calderon filed this action against the Commissioner of Social Security while representing himself. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees.
Order
The court explained that starting a civil action required either payment of $402—comprising a $350 filing fee and a $52 administrative fee—or a signed application to proceed without prepaying fees. This type of application is commonly called an application to proceed in forma pauperis, or IFP.
Within 30 days of the order, Calderon had to pay the $402 or submit the attached IFP application. If he submitted the application, it had to identify docket number 22-CV-5282 (LTS). If the court granted the application, he could proceed without prepaying fees.
Effect of the Order
The court stated that no answer from the Commissioner was required at that time. If Calderon complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the permitted time, the action would be dismissed.
Chief United States District Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal. This order addressed filing-fee requirements and did not reach the merits of Calderon’s Social Security claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.