Parker v. Haaland
- Laura Swain
- 1:22-cv-08107
- U.S. District Court · Southern District of New York
- 4
In Parker v. Haaland, Judge Swain ordered Jamal Parker to pay filing fees or submit an IFP application before the case proceeds.
Jamal Parker, who must either pay $402 in fees or submit an application to proceed without prepaying fees within 30 days for the action to proceed; the action may be dismissed if he does not comply.
What happened
In Parker v. Haaland, Jamal Parker filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Parker, who is representing himself, to pay $402 or submit a signed application within 30 days. The court said no summons would issue at that time and warned that the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal from the order would not be taken in good faith. The order did not decide Parker’s underlying claims.
The detailed version
- Parker v. Haaland · No. 1:22-cv-08107
- Laura Swain
- Sept. 23, 2022
Background
Jamal Parker brought this civil action pro se, meaning without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without an application to proceed without prepaying fees.
The Court’s Order
The court explained that starting a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application to proceed in forma pauperis, meaning without prepaying court fees.
The court ordered Parker to pay the $402 or submit the attached application within 30 days of the order. If the court grants the application, Parker may proceed without prepaying the fees. The application was to identify docket number 22-CV-8107 (LTS).
No summons would issue at that time. If Parker complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal Provision and Effect
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The order addressed payment or waiver of court fees and did not rule on the merits of Parker’s claims against Debra Anne Haaland and the other defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.