Joseph v. County of Westchester

Background

Thomas T. Joseph brought the action without a lawyer. He submitted the complaint but did not pay the required filing and administrative fees and did not submit an application to proceed without prepayment of fees.

Court’s Order

The court explained that a plaintiff must either pay $402 in fees—$350 for filing and $52 in administrative fees—or submit a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915.

The court ordered Joseph, within 30 days of the order, to pay the $402 or submit the attached application. The application was to identify docket number 22-CV-8742 (LTS). If the court granted the application, Joseph would be permitted to proceed without prepaying the fees. No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Joseph complied and that the action would be dismissed if he did not comply within the permitted time.

Appeal-Related Ruling

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal.

Disposition

This was an initial fee-or-application order, not a decision on the underlying claims. The court directed Joseph to pay the fees or submit the application within 30 days and stated that the action would be dismissed if he failed to comply.