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 granted Joshua Liner more time to pay the filing fee or apply to proceed without fees.
Joshua Liner, the self-represented plaintiff, must either pay the $402 filing fee or submit a completed and signed application to proceed without paying it within 30 days, or the action may be dismissed. The order also affects any appeal from this order because fee-free appellate status was denied.
What happened
In Liner v. Jenkins, Joshua Liner, who was representing himself, asked for more time to pay the $402 fee for bringing the case after the court had directed him to pay or submit an application to proceed without paying the fee.
The court granted Liner’s request for an extension. It ordered him, within 30 days of the order, either to pay the $402 fee or submit a completed and signed application to proceed without paying court fees. The court stated that it would dismiss the action if he did not comply.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. The order did not decide the underlying claims.
The detailed version
- Liner v. Jenkins · No. 1:22-cv-03448
- Laura Swain
- June 27, 2022
Background
The court had previously directed Joshua Liner to submit a completed and signed declaration and either pay the $402 filing fee or submit a completed and signed application to proceed without paying court fees. Liner, who appeared without a lawyer, filed a declaration and asked for an extension of time to pay the fee.
Ruling
The court granted Liner’s request for an extension of time. It directed him to do one of two things within 30 days after June 27, 2022: pay the $402 fee or submit a completed and signed application to proceed without paying the fee. The court stated that failure to comply within the permitted time would result in dismissal of the action.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied status to appeal without paying fees. This order addressed filing requirements and did not decide the merits of Liner’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.