STEPHENS v. GREYSTAR

Background

Kalyn Stephens brought this civil action against Greystar without a lawyer. Stephens submitted the complaint without paying the required fees and without filing an application to proceed without prepaying fees. The opinion notes that the case was originally filed in the Middle District of Georgia and was transferred to the Southern District of New York.

Order

The court explained that filing a civil action generally requires payment of a $350 filing fee and a $52 administrative fee, for a total of $402. Instead of paying, a plaintiff may request permission to proceed without prepayment by submitting a signed application. The court ordered Stephens, within 30 days of March 27, 2023, either to pay the $402 or to submit the attached application, labeled with the case number. If the court grants the application, Stephens will be allowed to proceed without paying the fees in advance.

Effect of the Order

The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if Stephens complied, but that the action would be dismissed if Stephens failed to comply within the allowed period. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed fees and filing requirements; it did not decide the underlying claims against Greystar.