Reid v. Mckelvey
- Laura Swain
- 1:22-cv-10708
- U.S. District Court · Southern District of New York
- 4
In Reid v. Mckelvey, Judge Swain ordered Reid to pay $402 or submit an application to proceed without prepaying fees within 30 days.
Jessica Nicole Reid must either pay $402 or submit a signed application to proceed without prepaying fees within 30 days. The action may be dismissed if she does not comply, and the case will not proceed to summons issuance at this stage.
What happened
In Reid v. Mckelvey, Jessica Nicole Reid filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Reid is representing herself.
Judge Swain ordered Reid, within 30 days, either to pay $402 or submit a signed application asking to proceed without prepayment. The $402 consists of a $350 filing fee and a $52 administrative fee.
The court said no summons would issue yet and that the case would be processed if Reid complied. If she did not comply on time, the action would be dismissed. Judge Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Reid v. Mckelvey · No. 1:22-cv-10708
- Laura Swain
- Dec. 27, 2022
Background
Jessica Nicole Reid brought the action against Leonard Larry Mckelvey and submitted the complaint without paying the required fees or filing an application to proceed without prepaying fees. The opinion identifies Reid as proceeding without a lawyer.
Court’s Order
The court explained that a plaintiff must either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without prepaying fees. The court gave Reid 30 days from the date of the order to do one of those things. If she submits the application, it must identify docket number 22-CV-10708 (LTS). The court may permit her to proceed without prepayment if it grants the application.
No summons was to issue at that time. The court stated that, if Reid complied, the case would be processed under the Clerk’s Office procedures. If she failed to comply within the allowed time, the action would be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
What the Order Decided
This order addressed filing fees and the application to proceed without prepayment; it did not decide the underlying claims against Mckelvey. Judge Laura Taylor Swain ordered Reid to pay the fees or submit the application within 30 days.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.