Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Mar. 7, 2023

Hughes v. Tenant 419 E. 73rd St.

Judge
Laura Swain
Docket
1:23-cv-01417
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Hughes v. Tenant 419 E. 73rd St., Judge Swain ordered Hughes to pay $402 or submit an application to proceed without prepaying fees.

Who this affects

Larnell Hughes, who must either pay the $402 in fees or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.

What happened

In Hughes v. Tenant 419 E. 73rd St., Larnell Hughes filed a civil case without paying the required fees or submitting an application to proceed without prepaying them. The order states that Hughes was representing himself.

The court gave Hughes 30 days to pay $402, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed application to proceed without prepaying fees. No summons will issue at this time.

Judge Laura Taylor Swain ordered that the case will be processed if Hughes complies, but the action will be dismissed if he does not. The court also denied fee-free status for any appeal from this order.

The detailed version

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

Case
Hughes v. Tenant 419 E. 73rd St. · No. 1:23-cv-01417
Judge
Laura Swain
Date
Mar. 7, 2023

Background

Larnell Hughes 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.

Order

The court explained that filing a civil action requires either payment of $402— a $350 filing fee plus a $52 administrative fee—or submission of a signed application requesting permission to proceed without prepaying fees. The court gave Hughes 30 days from the date of the order to do one of those two things.

If Hughes submits the application, the court may allow him to proceed without prepaying the fees if it grants the application. The application must identify docket number 23-CV-1417 (LTS). No summons will issue at this time. If Hughes does not comply within the allowed period, the action will be dismissed. The court also stated that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.

Effect of the Order

Judge Laura Taylor Swain did not decide the merits of Hughes’s underlying claims. The order concerns payment of the filing fees or submission of an application to proceed without prepaying them.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.