Ward v. Chemerinski
- Laura Swain
- 1:23-cv-06410
- U.S. District Court · Southern District of New York
- 4
In Ward v. Chemerinski, Judge Swain ordered pro se plaintiff Antoinette Ward to pay $402 or apply to proceed without prepaying fees within 30 days.
Antoinette Ward, who must either pay the required fees or submit an IFP application within 30 days to avoid dismissal of the action.
What happened
In Ward v. Chemerinski, pro se plaintiff Antoinette Ward filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Ward, within 30 days, either to pay $402 or submit a signed application explaining why she cannot pay. No summons will issue at this time, and the action will be dismissed if she does not comply.
Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, certifying that any appeal from this order would not be taken in good faith.
The detailed version
- Ward v. Chemerinski · No. 1:23-cv-06410
- Laura Swain
- July 26, 2023
Background
Antoinette Ward brought this civil action without a lawyer. She submitted the complaint without paying the required filing and administrative fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that proceeding with a civil action requires either payment of $402—$350 for the filing fee and $52 for the administrative fee—or submission of a signed IFP application. The court ordered Ward to do one of those things within 30 days of the order. If the court grants the IFP application, Ward may proceed without prepaying the fees.
No summons will issue at this time. If Ward complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified under federal law that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order does not address the merits of Ward’s underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.