Doe v. The City of New York
- Laura Swain
- 1:22-cv-07910
- U.S. District Court · Southern District of New York
- 4
In Doe v. City of New York, Judge Swain ordered Tequan Doe to pay $402 or submit an application to proceed without prepaying fees.
Tequan Doe must either pay the $402 filing and administrative fees or submit an application to proceed without prepaying fees within 30 days. The case will be dismissed if Doe does not comply within the allowed time.
What happened
In Tequan Doe v. The City of New York, et al., Tequan Doe brought the case without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Doe, within 30 days, to either pay $402 or submit the attached application. No summons will issue yet, and the case will be processed if Doe complies. If Doe does not comply within the allowed time, the action will be dismissed.
Chief 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 order does not decide the underlying claims.
The detailed version
- Doe v. The City of New York · No. 1:22-cv-07910
- Laura Swain
- Sept. 16, 2022
Background
Tequan Doe filed this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that starting a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application. The court ordered Doe, within 30 days of the order, to either pay the $402 or submit the attached application, labeled with docket number 22-CV-7910 (LTS).
If the court grants the application, Doe may proceed without prepaying the fees. No summons will issue at this time. If Doe complies, the Clerk’s Office will process the case under its procedures; if Doe fails to comply within the allowed time, the action will be dismissed.
Appeal and effect
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addresses the filing-fee requirement and does not decide the underlying claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.