Lowe v. U.S. Department of Justice
- John Cronan
- 1:23-cv-01593
- U.S. District Court · Southern District of New York
- 4
In Lowe v. U.S. Department of Justice, Judge Swain ordered Kevin Lowe to pay fees or submit an application to proceed without prepayment.
Kevin Lowe must either pay the $402 in fees or submit the required application within thirty days; otherwise, the action will be dismissed.
What happened
In Lowe v. U.S. Department of Justice, Kevin Lowe filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The opinion states that Lowe was representing himself.
The court ordered Lowe, within thirty days, either to pay $402 in fees or submit the attached application. No summons will issue yet. If Lowe does not comply within the deadline, the action will be dismissed.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying appeal fees.
The detailed version
- Lowe v. U.S. Department of Justice · No. 1:23-cv-01593
- John Cronan
- Feb. 27, 2023
Background
Kevin Lowe brought this civil action without a lawyer. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, sometimes called an IFP application.
Order
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Within thirty days of the order, Lowe must either pay those fees or submit the attached, signed application. If the court grants the application, Lowe may proceed without prepaying the fees.
No summons will issue at this time. If Lowe complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will 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 proceed without prepaying fees for an appeal. Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.