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S.D.N.Y.Procedural orderFiled Mar. 15, 2023

Jordan-Rowell v. United States

Judge
Andrew Carter
Docket
1:23-cv-02155
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Janessa Jordan-Rowell v. IRS, Judge Swain ordered Jordan-Rowell to pay $402 or submit an application to proceed without prepaying fees.

Who this affects

Janessa Jordan-Rowell and the processing of her action against the Internal Revenue Service.

What happened

Janessa Jordan-Rowell v. IRS concerns a complaint filed without the required filing fees or an application to proceed without prepaying fees. The opinion does not describe the complaint’s underlying claims.

The court gave Jordan-Rowell 30 days to pay $402 or submit a signed application showing that she could not afford the fees. The court said no summons would issue at that time and warned that the action would be dismissed if she did not comply.

Judge Laura Taylor Swain also denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith. The order did not decide the underlying dispute.

The detailed version

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

Case
Jordan-Rowell v. United States · No. 1:23-cv-02155
Judge
Andrew Carter
Date
Mar. 15, 2023

Background

Janessa Jordan-Rowell filed a civil action without paying the required fees and without submitting an application to proceed without prepaying fees. The opinion does not describe the claims in the complaint beyond identifying the Internal Revenue Service as the defendant. Jordan-Rowell was proceeding without a lawyer.

Court’s order

The court explained that filing a civil action required either payment of a $350 filing fee and a $52 administrative fee, for a total of $402, or a signed application requesting permission to proceed without prepaying fees. The court ordered Jordan-Rowell, within 30 days of the order, to pay the $402 or submit the attached application. If the application were granted, she would be allowed to proceed without prepaying fees.

The court directed that no summons issue at that time. It stated that, if Jordan-Rowell complied, the case would be processed under the Clerk’s Office procedures, but that the action would be dismissed if she did not comply within the allowed time.

Appeal and disposition

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 fee-free status for purposes of an appeal. This was a procedural order about payment of fees and the application process; it did not decide the underlying claims.

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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