Decatus v. The People of the State of New York

Background

Vanessa Decatus, identified in the caption as trustee for the Vanessa Decatus Trust/Estate, brought the action without a lawyer against The People of the State of New York. She initially submitted the matter as a miscellaneous case and paid $49.00. On May 1, 2023, Judge Valerie Caproni determined that the complaint did not fit any listed category of miscellaneous matters and directed the Clerk of Court to open the submission as a new civil action.

Fee requirement

The order explains that proceeding with the new civil action required either payment of $402.00—consisting of a $350.00 filing fee and a $52.00 administrative fee—or an application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis. The court gave Decatus 30 days from the date of the order to choose one of those options and instructed her to identify the application with docket number 23-CV-3643 (LTS).

Ruling and effect

Chief United States District Judge Laura Taylor Swain directed Decatus to pay the $402.00 or submit the application. The court stated that no summons would issue at that time and that, if Decatus complied, the action would be processed through the Clerk’s Office. If she failed to comply within the allowed period, the action would be dismissed under 28 U.S.C. §§ 1914 and 1915. The court also directed the Finance Department to return the $49.00 payment. Finally, it certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not describe or decide the underlying claims.