Bravo v. Garland
- Gregory Woods
- 1:22-cv-06736
- U.S. District Court · Southern District of New York
- 4
In Bravo v. Garland, Judge Swain ordered Luis Bravo to pay filing fees or submit an application to proceed without prepayment.
Luis Bravo, who was required to pay the fees or submit an application to proceed without prepaying fees within 30 days.
What happened
Luis Bravo brought Bravo v. Garland without a lawyer, but submitted neither the required filing fees nor an application to proceed without prepayment. The court explained that a civil action requires payment of $402 or a signed application showing inability to pay.
The court gave Bravo 30 days to pay the fees or submit the application. No summons would issue immediately, and the action would be processed if he complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain also ruled 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 detailed version
- Bravo v. Garland · No. 1:22-cv-06736
- Gregory Woods
- Aug. 9, 2022
Background
Luis Bravo filed this action without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis.
Fees and required filing
The court stated that proceeding with a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepaying fees. The court directed Bravo, within 30 days of the order, to take one of those two actions. If he submitted the application, it was to identify docket number 22-CV-6736 (LTS). The court explained that, if it granted the application, Bravo could proceed without prepaying the fees.
Ruling
The court ordered Bravo to pay the fees or submit the application within the 30-day period. It directed that no summons issue at that time. The case would be processed under the Clerk’s Office procedures if Bravo complied; if he did not comply within the allowed time, the action would be dismissed. Judge Laura Taylor Swain also 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.
Disposition
The order directed payment of fees or submission of an application to proceed without prepaying fees. It did not dismiss the action at that time.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.