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S.D.N.Y.Procedural orderFiled Aug. 25, 2022

Woodson v. McCoy

Judge
Laura Swain
Docket
1:22-cv-07230
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Woodson v. McCoy, Judge Swain ordered Kenneth H. Woodson to pay fees or submit an application to proceed without prepayment.

Who this affects

Kenneth H. Woodson, 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 Woodson v. McCoy, Kenneth H. Woodson filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The order says he is representing himself.

The court gave Woodson 30 days to pay $402 in filing and administrative fees or submit a signed application to proceed without prepayment. No summons will issue at this time.

Judge Laura Taylor Swain ordered that the case will be processed if Woodson complies, but it will be dismissed if he does not. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Woodson v. McCoy · No. 1:22-cv-07230
Judge
Laura Swain
Date
Aug. 25, 2022

Background

Kenneth H. Woodson filed this civil action without paying the required fees and without submitting an application to proceed without prepaying fees. The order states that Woodson is representing himself.

Order

The court explained that filing the action requires either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application requesting permission to proceed without prepayment of fees. The court directed Woodson, within 30 days of the order, to take one of those actions. If he submits the application, it must identify docket number 22-CV-7230 (LTS).

No summons will issue at this time. If Woodson complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.

Appeal

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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