Suarez v. Mount Sinai
- Laura Swain
- 1:22-cv-07352
- U.S. District Court · Southern District of New York
- 2
In Suarez v. Mt. Sinai, Judge Swain ordered Susan Suarez to pay filing fees or submit an application to proceed without prepayment.
Susan Suarez, who was ordered to pay the required fees or submit an application to proceed without prepayment; the action could be dismissed if she did not comply.
What happened
In Susan Suarez v. Mt. Sinai, et al., Suarez filed a complaint without paying the required fees or submitting an application to proceed without prepayment. The court said her financial-hardship declaration did not provide enough information to evaluate whether she could pay.
The court gave Suarez 30 days from August 30, 2022, to pay $402 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the case would be processed if she complied. If she did not comply, the action would be dismissed.
Judge Laura Taylor Swain also stated that any appeal would not be taken in good faith and denied permission to proceed without prepayment of appellate fees.
The detailed version
- Suarez v. Mount Sinai · No. 1:22-cv-07352
- Laura Swain
- Aug. 30, 2022
Background
Susan Suarez brought the action without a lawyer. She submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepayment of fees. The court explained that the required fees totaled $402: a $350 filing fee and a $52 administrative fee. Suarez had submitted a declaration of financial hardship, but the court found that it did not provide enough financial information to determine whether she had sufficient assets to pay the fees.
Order
The court ordered Suarez, within 30 days of the order, either to pay the $402 in fees or to submit a signed application to proceed without prepayment of fees. The application was to identify docket number 22-CV-7352 (LTS). If the court granted the application, Suarez would be allowed to proceed without paying the fees in advance.
Effect of the Order
No summons would issue at that time. The case would be processed under the Clerk’s Office procedures if Suarez complied with the order. If she did not comply within the permitted time, the action would be dismissed. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepayment of fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.