Scamp v. Higgins Family Trust
- Laura Swain
- 1:23-cv-01418
- U.S. District Court · Southern District of New York
- 4
In Scamp v. Higgins Family Trust, Judge Swain ordered payment of fees or an IFP application within 30 days.
Loretta Gay Scamp, who filed the action without a lawyer, and the future processing of her case; the opinion does not describe any ruling on the defendants' position.
What happened
In Scamp v. Higgins Family Trust, Loretta Gay Scamp filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Scamp 30 days to pay $402 or submit a signed application to proceed without prepaying fees. No summons would issue at that time, and the action would be dismissed if she did not comply.
Judge Swain also denied permission to appeal without prepaying fees, finding that any appeal from the order would not be taken in good faith.
The detailed version
- Scamp v. Higgins Family Trust · No. 1:23-cv-01418
- Laura Swain
- Feb. 22, 2023
Background
Loretta Gay Scamp brought the action without a lawyer. The opinion does not describe the claims' underlying subject matter. Scamp submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court explained that starting a civil action in the court requires either payment of $402—$350 for the filing fee and $52 for the administrative fee—or submission of a signed IFP application. Within 30 days after the order, Scamp had to pay the fees or submit the application, labeled with docket number 23-CV-1418 (LTS).
If the court granted the IFP application, Scamp would be allowed to proceed without prepaying fees. No summons would issue at that time. If Scamp did not comply within the 30-day period, the action would be dismissed. The order did not decide the merits of the underlying claims.
Appeal Provision
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.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.