Swint v. Verizon Wireless
- Laura Swain
- 1:23-cv-04067
- U.S. District Court · Southern District of New York
- 4
In Swint v. Verizon Wireless, Judge Swain ordered payment of $402 or submission of an application to proceed without prepaying fees.
Robert James Swint and the pending action against Verizon Wireless and the Department of Defense; the order requires Swint to pay the fees or submit an application before the case proceeds.
What happened
Robert James Swint sued Verizon Wireless and the Department of Defense without a lawyer, but he did not pay the required fees or submit an application to proceed without prepaying them.
The court gave Swint 30 days to pay $402 or submit a signed application to proceed without prepaying fees. The court said no summons would issue at that time and that the case would be dismissed if he did not comply.
Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, after certifying that an appeal would not be taken in good faith.
The detailed version
- Swint v. Verizon Wireless · No. 1:23-cv-04067
- Laura Swain
- May 17, 2023
Background
Robert James Swint brought the action without a lawyer. The opinion states that he submitted his complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees.
Payment or application requirement
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead of paying those fees, Swint could request permission to proceed without prepaying them by submitting a signed application. The court ordered Swint, within 30 days of the order, to either pay the $402 or submit the attached application, labeled with docket number 23-CV-4067 (LTS). If the court grants the application, Swint may proceed without prepaying the fees.
Ruling and effect
The court ordered that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if Swint complied, and that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims against Verizon Wireless or the Department of Defense.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.