Wist v. Middletown Police Department
- Judith McCarthy
- 7:22-cv-07570
- U.S. District Court · Southern District of New York
- 2
In Wist v. Middletown Police Department, Judge Swain ordered Eric Kyle Wist to pay fees or apply to proceed without prepayment.
Eric Kyle Wist, who was required to pay $402 or submit a signed application to proceed without prepayment of fees within 30 days; the action would be dismissed if he did neither.
What happened
In Wist v. Middletown Police Department, Eric Kyle Wist filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Wist 30 days to pay $402 or submit a signed application showing that he seeks permission to proceed without prepayment. The court said no summons would issue at that time and that the case would be processed if he complied.
If Wist did not comply within the deadline, the action would be dismissed. Judge Laura Taylor Swain also said that an appeal from the order would not be allowed to proceed without prepayment because it would not be taken in good faith.
The detailed version
- Wist v. Middletown Police Department · No. 7:22-cv-07570
- Judith McCarthy
- Sept. 7, 2022
Background
Eric Kyle Wist filed this civil action without paying the required filing fees and without submitting an application to proceed without prepaying fees. The opinion states that Wist was proceeding without a lawyer.
Order
The court explained that proceeding with a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application to proceed without prepayment of fees. The court ordered Wist, within 30 days of the order, to choose one of those options. If he submitted an application, it was to identify docket number 22-CV-7570 (LTS). The court stated that, if the application were granted, Wist could proceed without prepaying fees.
No summons would issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Wist complied, but that the action would be dismissed if he failed to 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. The order did not address the underlying claims against the Middletown Police Department.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.