Han v. Financial Supervisory Service
- Laura Swain
- 1:23-cv-05451
- U.S. District Court · Southern District of New York
- 2
In Han v. Financial Supervisory Service, Judge Swain ordered Karen C. Han to pay acceptable fees or file an IFP application.
Karen C. Han, who must pay the required fees in an acceptable form or submit a signed IFP application within 30 days to avoid dismissal without prejudice.
What happened
In Han v. Financial Supervisory Service, Karen C. Han filed the action without a lawyer and submitted a personal check for the required $402 in court fees. The court does not accept personal checks.
The court gave Han 30 days from the order’s date to pay by an acceptable method or submit a signed application to proceed without paying the fees upfront. If she does not comply, the action will be dismissed without prejudice. The court also directed the Finance Department to return her personal check.
Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The order addresses filing requirements and does not decide the underlying claims.
The detailed version
- Han v. Financial Supervisory Service · No. 1:23-cv-05451
- Laura Swain
- July 7, 2023
Background
Karen C. Han brought the action without a lawyer. To proceed with a civil case in the Southern District of New York, a plaintiff must either pay the required fees or submit a signed application to proceed without paying those fees in advance. The total required payment is $402: a $350 filing fee and a $52 administrative fee.
Han submitted a personal check for $402 on July 7, 2023. The court does not accept personal checks.
Order
The court ordered Han, within 30 days of the order’s date, to do one of two things:
- Pay the $402 in an acceptable form, such as a certified check, money order, credit card, or cash; or - Submit the attached application to proceed without prepaying the fees, commonly called an IFP application.
The court stated that if Han does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not state that refiling is barred. The Finance Department was directed to return Han’s personal check to her address of record.
Appeal-Fee Certification
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition and Classification
This is a procedural order concerning payment of filing fees or submission of an IFP application. It does not decide the underlying claims against the Financial Supervisory Service.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.