Stapleton v. New York City Department of Education
- Laura Swain
- 1:22-cv-09351
- U.S. District Court · Southern District of New York
- 2
In Stapleton v. New York City Department of Education, Chief Judge Swain ordered payment or an IFP application within 30 days before processing the case.
Katy Stapleton, the plaintiff, and the New York City Department of Education and the other named defendants.
What happened
Katy Stapleton filed this case against the New York City Department of Education and others without paying the required fees or submitting an application to proceed without prepaying them. The court issued an order requiring her to take one of those steps.
Within 30 days, Stapleton must either pay $402 in fees or submit a signed application to proceed without prepaying fees. No summons will issue yet, and the action will be dismissed if she does not comply within that period.
Chief Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Stapleton v. New York City Department of Education · No. 1:22-cv-09351
- Laura Swain
- Nov. 3, 2022
Background
Katy Stapleton brought this action pro se, meaning without a lawyer. She submitted the complaint without paying the required filing and administrative fees and without an application to proceed in forma pauperis (IFP), which means proceeding without prepaying court fees.
Order
The court stated that proceeding with a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or submission of a signed IFP application. The court gave Stapleton 30 days from the date of the order to do one of those things. If she submits an IFP application and the court grants it, she may proceed without prepaying the fees. No summons will issue at this time. If she does not comply within the allowed period, the action will be dismissed.
Appeal ruling
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Classification
This is a procedural order concerning payment of filing fees or an IFP application. The opinion does not address the merits of Stapleton's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.