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S.D.N.Y.Procedural orderFiled Nov. 18, 2022

DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark v. Haaland

Full caption

DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark, Dejon Lamar Christopher v. Haaland

Judge
Laura Swain
Docket
1:22-cv-09785
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In DEJON LAMAR CHRISTOPHER BEY TRUST v. Haaland, Judge Swain ordered payment of $402 or an application to proceed without prepaying fees.

Who this affects

The plaintiff, DEJON LAMAR CHRISTOPHER BEY TRUST, must either pay the required fees or submit an application to proceed without prepaying fees; otherwise, the action will be dismissed.

What happened

DEJON LAMAR CHRISTOPHER BEY TRUST, doing business as Clark, Dejon Lamar Christopher, filed this action without paying the required fees or submitting an application to proceed without prepaying them.

The court ordered the plaintiff, within 30 days, to pay $402 or submit a signed application to proceed without prepaying fees. No summons will issue yet. If the plaintiff does not comply, the action will be dismissed.

Judge Laura Taylor Swain also denied permission to appeal this order without prepaying fees, stating that any appeal would not be taken in good faith.

The detailed version

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

Case
DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark v. Haaland · No. 1:22-cv-09785
Judge
Laura Swain
Date
Nov. 18, 2022

Background

DEJON LAMAR CHRISTOPHER BEY TRUST, doing business as Clark, Dejon Lamar Christopher, brought this action without a lawyer. The opinion identifies Debra Anne Haaland, Andrew Saul, and others as defendants. The plaintiff submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.

Court’s Order

The court directed the plaintiff, within 30 days of the order, to either pay $402 in fees or submit a signed application to proceed without prepaying fees. The $402 consists of a $350 filing fee and a $52 administrative fee. If the court grants the application, the plaintiff may proceed without paying the fees in advance.

The court stated that no summons would issue at that time. If the plaintiff complies, the case will be processed under the Clerk’s Office procedures. If the plaintiff does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

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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