James v. U.S. Department of Education's Office for Civil Rights
- Laura Swain
- 1:22-cv-05738
- U.S. District Court · Southern District of New York
- 2
In James v. U.S. Department of Education’s Office for Civil Rights, Judge Swain ordered James to pay $402 or submit an IFP application within 30 days.
Jeremy Allan James, who must either pay the $402 in fees or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
James v. U.S. Department of Education’s Office of Civil Rights, et al. was filed without the required filing fees or an application to proceed without paying them upfront.
The court ordered Jeremy Allan James to pay $402 or submit a signed application to proceed without prepaying fees within 30 days. No summons will issue yet, and the court said the action will be dismissed if he does not comply.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith. This order did not decide the claims against the defendants.
The detailed version
- James v. U.S. Department of Education's Office for Civil Rights · No. 1:22-cv-05738
- Laura Swain
- July 12, 2022
Background
Jeremy Allan James brought the action without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, James could request permission to proceed without prepaying fees by submitting a signed application under 28 U.S.C. § 1915.
The court ordered James, within 30 days of the order, either to pay the $402 or submit the attached application. The application was to identify docket number 22-CV-5738 (LTS). If the court grants the application, James may proceed without prepaying the fees. No summons will issue at this time. If James does not comply within the allowed time, the action will be dismissed.
Appeal and effect
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addresses filing-fee requirements and does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.