Hussey v. Honorable Ellen Biben

Background

Yessuh Suhyes Hussey filed this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying those fees. The action had originally been filed in the Eastern District of New York and was later transferred to the Southern District of New York. The opinion states that Hussey was detained at the Eric M. Taylor Center on Rikers Island when the order was issued, but was not a prisoner when the action was filed.

Order

The court explained that starting a civil action generally requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead of paying, Hussey could request permission to proceed without prepaying the fees by submitting a signed application under 28 U.S.C. § 1915. The court ordered Hussey, within 30 days of the order, either to pay the $402 or submit the attached application labeled with docket number 23-CV-4381 (LTS).

No summons would issue at that time. If Hussey complied, the Clerk’s Office would process the case. If Hussey failed to comply within the allowed period, the action would be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

Disposition

Judge Laura Taylor Swain entered an order directing Hussey to pay the required fees or submit an application to proceed without prepayment. The court did not decide the underlying claims against the defendants.