Hong v. Sun
- Laura Swain
- 1:23-cv-05500
- U.S. District Court · Southern District of New York
- 2
In Hong v. Sun, Chief Judge Swain ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Kyong Mi Hong must, within 30 days, either pay $402 in fees or submit a signed application to proceed without prepayment. The case will be dismissed if the deadline is not met, and no summons will issue before compliance.
What happened
In Hong v. Sun, the plaintiff filed a civil action without paying the required fees and without submitting an application to proceed without prepayment because of inability to pay.
The court ordered the plaintiff, within 30 days, to pay $402 or submit a signed application to proceed without prepayment. No summons will be issued at this time, and the action will be dismissed if the plaintiff does not comply.
Chief Judge Laura Taylor Swain also stated that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appeal fees.
The detailed version
- Hong v. Sun · No. 1:23-cv-05500
- Laura Swain
- July 27, 2023
Background
Kyong Mi Hong brought the action without a lawyer. The complaint was submitted without the required filing and administrative fees and without an application to proceed without prepayment of fees.
Order
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead of paying, the plaintiff may request permission to proceed without prepayment by submitting a signed application. The court ordered the plaintiff to do one of these things within 30 days of the order. If the plaintiff submits the application, it must identify docket number 23-CV-5500 (LTS).
No summons will issue at this time. If the plaintiff complies, the Clerk’s Office will process the case under its procedures. If the plaintiff does not comply within the allowed time, the action will be dismissed.
Appeal and disposition
The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addresses filing fees and the application to proceed without prepayment; it does not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.