James v. U.S. Department of Educations
- Laura Swain
- 1:22-cv-10051
- U.S. District Court · Southern District of New York
- 4
In James v. U.S. Department of Education’s, Judge Swain ordered James to pay $402 or submit an application to proceed without prepaying fees within 30 days.
Jeremy Allan James, who must either pay the $402 in fees or submit an application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
James v. U.S. Department of Education’s was brought by Jeremy Allan James without a lawyer. He submitted his complaint without paying the required fees or applying to proceed without prepaying them.
The court ordered James, within 30 days, to pay $402 or submit the provided application. The court said no summons would issue yet and that the case would be processed if he complied.
Judge Laura Taylor Swain stated that the action would be dismissed if James did not comply. She also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- James v. U.S. Department of Educations · No. 1:22-cv-10051
- Laura Swain
- Nov. 29, 2022
Background
Jeremy Allan James filed the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that starting a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application. The court ordered James to take one of those steps within 30 days and to identify the case docket number, 22-CV-10051 (LTS), on any application.
No summons would issue at that time. If James complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed period, the action would be dismissed.
Appeal
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. The opinion did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.