Bennett v. Hall
- Cathy Seibel
- 7:23-cv-06006
- U.S. District Court · Southern District of New York
- 4
In Bennett v. Hall, Chief Judge Swain ordered payment or an IFP application before the case could proceed.
Kathleen A. Bennett, whose case could proceed only after she paid the required fees or submitted an IFP application; Nicole R. Hall was named as the defendant, but the order did not address the underlying claims.
What happened
In Bennett v. Hall, Kathleen A. Bennett filed the action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Bennett was representing herself.
The court ordered Bennett, within 30 days, to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons would issue at that time, and the action would be dismissed if she did not comply.
Chief Judge Laura Taylor Swain issued the order on July 19, 2023. She also denied permission to appeal without prepaying fees, stating that any appeal would not be taken in good faith.
The detailed version
- Bennett v. Hall · No. 7:23-cv-06006
- Cathy Seibel
- July 19, 2023
Background
Kathleen A. Bennett brought this action against Nicole R. Hall while representing herself. Bennett submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that starting a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The court gave Bennett 30 days from the order’s date to pay the fees or submit the attached IFP application. If the court granted the application, Bennett would be allowed to proceed without paying the fees in advance.
No summons would issue at that time. The case would be processed through the Clerk’s Office if Bennett complied, but the action would be dismissed if she failed to comply within the allowed period.
Appeal and disposition
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. She therefore denied IFP status for purposes of an appeal. The order did not decide the underlying claims against Hall.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.