Suarez v. New York Eye and Ear Infirmary of Mount Sinai
- Laura Swain
- 1:22-cv-07353
- U.S. District Court · Southern District of New York
- 2
Suarez v. New York Eye and Ear Infirmary of Mount Sinai: Judge Swain ordered payment or an IFP application within 30 days before the case proceeds.
Susan Suarez, who must either pay the required fees or submit a complete application to proceed without prepaying them for the action to continue.
What happened
In Suarez v. New York Eye and Ear Infirmary of Mount Sinai, Susan Suarez filed a civil case without paying the required fees or submitting a complete application to proceed without prepaying them.
The court ordered Suarez, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application showing her financial information. The court said no summons would issue yet and warned that the action will be dismissed if she does not comply within the allowed time.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Suarez v. New York Eye and Ear Infirmary of Mount Sinai · No. 1:22-cv-07353
- Laura Swain
- Aug. 30, 2022
Background
Susan Suarez brought this action without a lawyer. She filed the complaint without paying the required fees and without submitting an application to proceed without prepaying fees. Although she filed a document called a “Declaration of Financial Hardship,” the court found that it did not provide enough financial information to determine whether she had sufficient assets to pay the fees.
Court’s Order
The court ordered Suarez, within 30 days of the order, to do one of two things: pay $402, consisting of a $350 filing fee and a $52 administrative fee, or submit the attached signed application to proceed without prepaying fees. The application was to identify docket number 22-CV-7353 (LTS). The court stated that, if it grants the application, Suarez may proceed without paying the fees in advance.
No summons was to issue at that time. The action would be processed under the Clerk’s Office procedures if Suarez complied. If she failed to comply within the permitted time, the action would be dismissed.
Appeal-Cost Certification
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees.
What the Order Did Not Decide
The order addressed only the filing-fee and fee-waiver requirements. It did not decide the merits of Suarez’s claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.