James v. The State University of New York
- Laura Swain
- 1:22-cv-04856
- U.S. District Court · Southern District of New York
- 2
In James v. The State University of New York, Judge Swain ordered payment or an application to proceed without fees.
Jeremy Allan James, who must either pay the required fees or submit a signed application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
In James v. The State University of New York, Jeremy Allan James filed a civil action without paying the required fees or submitting an application to proceed without prepayment of fees.
The court gave James 30 days to pay $402 or submit a signed application to proceed without prepayment. No summons would issue yet, and the case would be processed if he complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from this order 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
- James v. The State University of New York · No. 1:22-cv-04856
- Laura Swain
- July 12, 2022
Background
Jeremy Allan James brought this civil 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.
Payment or Fee-Waiver Requirement
The court explained that starting a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application requesting authorization to proceed without prepaying fees. The court ordered James, within 30 days of the order, to choose one of those options. If he submitted the application, it had to include docket number 22-CV-4856 (LTS).
Order
No summons would issue at that time. If James complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the permitted time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of the underlying action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.