Beaman v. Services for the Undeserved
- Laura Swain
- 1:22-cv-10911
- U.S. District Court · Southern District of New York
- 2
In Beaman v. Services for the Underserved, Judge Swain ordered Shelton Beaman to pay fees or seek a fee waiver and file a complaint within 30 days.
Shelton Beaman, a self-represented plaintiff who had not paid the filing fees, submitted an application to proceed without prepaying them, or filed a complaint.
What happened
In Beaman v. Services for the Underserved, Shelton Beaman, who was representing himself, asked the court to stop the defendants from requiring a recertification for certain assistance and from withholding rent payments. He filed an order asking the court to show cause rather than a complaint.
The court ordered Beaman, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without paying those fees in advance. He also had to submit a signed complaint. The court said the action would be dismissed if he did not comply, and no summons would issue at that time.
Judge Laura Taylor Swain also stated that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide whether Beaman was entitled to the requested injunction.
The detailed version
- Beaman v. Services for the Undeserved · No. 1:22-cv-10911
- Laura Swain
- Dec. 28, 2022
Background
Shelton Beaman appeared without a lawyer and started the case by filing an “Order to Show Cause.” He sought an order preventing the defendants from requiring him to complete what he described as a non-SSVF recertification as a condition of continuing to receive extended temporary financial or rental assistance. He also sought an order requiring payment of rent checks allegedly owed to the landlord, VALSAC 908, LLC, for August through December 2022. The opinion explains that SSVF refers to the Supportive Services for Veteran Families program.
Filing requirements
The court explained that a person starting a civil case must either pay $402 in filing and administrative fees or request permission to proceed without paying those fees in advance by submitting a signed application. The person must also file a complaint. Beaman had done neither.
The court ordered Beaman, within 30 days of the order, to do both of the following: (1) pay the $402 in fees or submit the attached application to proceed without prepayment of fees; and (2) submit a signed complaint. If he submitted those documents, they were to identify docket number 22-CV-10911 (LTS). The court stated that, if it granted the application, Beaman could proceed without prepaying the fees. It also stated that the complaint would be reviewed for substantive sufficiency and, if proper, the case would be reassigned under the Clerk’s Office procedures.
Ruling and effect
No summons would issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Beaman complied, but that the action would be dismissed if he failed to comply within the allowed time. The order did not rule on the substance of Beaman’s requested injunction or on whether the defendants had violated any legal obligation.
Judge Laura Taylor Swain 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 appellate fees. The order was signed on December 28, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.