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S.D.N.Y.Procedural orderFiled Nov. 3, 2022

Prince v. Federal Reserve Bank of New York

Judge
Laura Swain
Docket
1:22-cv-09394
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Prince v. Federal Reserve Bank of New York, Chief Judge Swain ordered Prince to pay $402 or submit an application to proceed without prepaying fees within 30 days.

Who this affects

The order directly affects Beowulf Adalbert Von Prince, who must either pay the required fees or submit a signed application to proceed without prepaying them within 30 days; otherwise, the action will be dismissed.

What happened

Beowulf Adalbert Von Prince sued the Federal Reserve Bank of New York without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them. The order did not address the claims in the lawsuit.

The court gave Prince 30 days to pay $402— consisting of a $350 filing fee and a $52 administrative fee—or submit a signed application asking to proceed without prepaying fees. No summons would issue yet, and the court warned that failing to comply would result in dismissal of the action.

Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The case was otherwise left pending compliance with the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Prince v. Federal Reserve Bank of New York · No. 1:22-cv-09394
Judge
Laura Swain
Date
Nov. 3, 2022

Background

Beowulf Adalbert Von Prince brought the action without a lawyer. He submitted a complaint but did not pay the required filing and administrative fees and did not submit an application to proceed without prepaying fees.

The Court’s Order

The court explained that beginning a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or submission of a signed application to proceed without prepaying fees under 28 U.S.C. § 1915. The court ordered Prince, within 30 days of the order, to choose one of those options. If he submitted the application, it had to identify docket number 22-CV-9394 (LTS). The court did not grant the application in this order; it stated that, if the court later granted it, Prince could proceed without prepaying fees.

Effect of the Order

No summons would issue at that time. If Prince complied, the Clerk’s Office would process the case under its procedures. If he did not comply within the 30-day period, the action would be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief United States District Judge Laura Taylor Swain did not decide the underlying claims against the Federal Reserve Bank of New York.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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