Yorro v. The Federal Trading Comm.
- Laura Swain
- 1:22-cv-06053
- U.S. District Court · Southern District of New York
- 2
In Yorro v. Federal Trading Comm., Judge Swain ordered payment of filing fees or an application to proceed without prepayment.
Jacqueline Cano Yorro, who was required to pay the full filing fees or submit an application to proceed without prepayment within 30 days.
What happened
In Jacqueline Cano Yorro v. The Federal Trading Comm., et al., the plaintiff paid only the $52 administrative fee and did not submit an application to proceed without prepaying court fees.
The court ordered the clerk to refund the $52 and gave the plaintiff 30 days to either pay the full $402 in fees or submit a completed and signed application to proceed without prepayment. No summons would issue at that time.
Chief Judge Laura Taylor Swain said the case would proceed under the clerk’s procedures if the plaintiff complied, but would be dismissed if she did not. The court also denied fee-free status for any appeal from this order.
The detailed version
- Yorro v. The Federal Trading Comm. · No. 1:22-cv-06053
- Laura Swain
- July 29, 2022
Background
To begin a civil action in federal court, a plaintiff must pay the required fees or submit a completed and signed application requesting permission to proceed without paying those fees in advance. The opinion states that the total required fees were $402: a $350 filing fee and a $52 administrative fee.
The plaintiff had paid only the $52 administrative fee and had not submitted an application to proceed without prepayment.
Court’s Order
The court directed the Clerk of Court to refund the $52 administrative fee to the plaintiff. It also directed the plaintiff, within 30 days of the order, to either pay the total $402 in fees or complete, sign, and submit the attached application to proceed without prepayment. If the application were granted, the plaintiff would be allowed to proceed without paying the fees in advance.
The court ordered that no summons issue at that time. It stated that the case would be processed under the Clerk of Court’s procedures if the plaintiff complied, and that the action would be dismissed if she did not comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepayment of fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.