Craft v. New York State Police
- Laura Swain
- 1:22-cv-10267
- U.S. District Court · Southern District of New York
- 4
In Craft v. New York State Police, Judge Swain ordered payment or an application to proceed without prepaying fees within 30 days, warning of dismissal.
Christopher D. Craft, Sr. was required to either pay the filing fees or submit an application to proceed without prepaying them before the action could proceed.
What happened
In Craft v. New York State Police, Christopher D. Craft, Sr. filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. He was representing himself.
The court ordered Craft to pay $402 or submit a signed application within 30 days. The court also said that no summons would issue at that time and that the case would be processed if he complied.
Judge Laura Taylor Swain warned that the action would be dismissed if Craft did not comply within the deadline. She also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Craft v. New York State Police · No. 1:22-cv-10267
- Laura Swain
- Dec. 6, 2022
Background
Christopher D. Craft, Sr. brought this civil action against New York State Police and other defendants while representing himself. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead of paying those fees, Craft could request permission to proceed without prepaying them by submitting a signed application. The court directed Craft, within 30 days of the order, to either pay the $402 or submit the application, labeled with docket number 22-CV-10267 (LTS).
No summons would issue at that time. The court stated that if Craft complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not address the merits of Craft’s claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.