Calderon v. Fire Department of the City of New York
- Laura Swain
- 1:22-cv-08078
- U.S. District Court · Southern District of New York
- 2
In Calderon v. Fire Department, Judge Swain ordered payment of $402 or an IFP application within 30 days.
Ana E. Calderon, who must either pay the required fees or submit an IFP application within 30 days for the case to proceed.
What happened
Ana E. Calderon filed Calderon v. Fire Department of the City of New York without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Calderon to pay $402 or submit a signed application to proceed without prepayment within 30 days. No summons will issue yet, and the case will be dismissed if she does not comply.
Judge Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Calderon v. Fire Department of the City of New York · No. 1:22-cv-08078
- Laura Swain
- Sept. 30, 2022
Background
Ana E. Calderon filed this civil action without a lawyer. She submitted the complaint without paying the required fees and without submitting an application to proceed in forma pauperis (IFP), meaning without prepaying court fees.
Order
The court stated 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 IFP application. The court ordered Calderon, within 30 days of the order, to pay the $402 or submit the attached IFP application labeled with docket number 22-CV-8078. If the court grants the IFP application, Calderon may proceed without prepaying the fees.
No summons will issue at this time. If Calderon complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed.
Appeal ruling
The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.