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S.D.N.Y.Procedural orderFiled Feb. 9, 2023

Ingram-Robinson v. Commissioner of Social Security

Judge
Laura Swain
Docket
1:23-cv-01022
Court
U.S. District Court · Southern District of New York
Pages
4
Social SecurityPro SeCivil Procedure
In one sentence

Ingram-Robinson v. Commissioner: Judge Swain ordered payment of $402 or submission of an IFP application within 30 days.

Who this affects

The order directly affects Kahari Sha-Mel Ingram-Robinson, who must either pay the required fees or submit an IFP application within 30 days to avoid dismissal of the action.

What happened

In Ingram-Robinson v. Commissioner of Social Security, the plaintiff filed the case without paying the required fees or submitting an application to proceed without prepaying them. The plaintiff was representing themself.

The court gave the plaintiff 30 days from the order’s date to pay $402 or submit a signed application explaining why the fees could not be prepaid. No summons would issue at that time, and the court warned that failing to comply would result in dismissal of the action.

Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

The detailed version

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

Case
Ingram-Robinson v. Commissioner of Social Security · No. 1:23-cv-01022
Judge
Laura Swain
Date
Feb. 9, 2023

Background

Kahari Sha-Mel Ingram-Robinson brought this 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.

Court’s Order

The court explained that filing the 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 directed Ingram-Robinson, within 30 days of the order, to pay the fees or submit the attached application. If the court grants the application, Ingram-Robinson may proceed without prepaying the fees.

The court stated that no summons would issue at that time. If Ingram-Robinson complied, the case would be processed under the Clerk’s Office procedures. If Ingram-Robinson failed to comply within the allowed time, the action would be dismissed. The court did not dismiss the action in this order.

Appeal-Fee Ruling

Judge Laura Taylor Swain certified that any 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 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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