Sweigert v. Goodman
- John Koeltl
- 1:23-cv-05875
- U.S. District Court · Southern District of New York
- 4
In D.G. Sweigert v. Goodman, Judge Swain ordered payment or an IFP application within 30 days, or the action will be dismissed.
D.G. Sweigert, who must either pay the required fees or submit an application to proceed without prepaying them.
What happened
D.G. Sweigert v. Goodman concerns a lawsuit filed without a lawyer and without the required filing fees or an application to proceed without paying them upfront.
The court gave D.G. Sweigert 30 days to pay $402 in fees or submit a signed application showing an inability to pay. No summons would issue at that time.
If D.G. Sweigert does not comply, the action will be dismissed. The order also denied fee-free status for any appeal and was signed by Chief Judge Laura Taylor Swain.
The detailed version
- Sweigert v. Goodman · No. 1:23-cv-05875
- John Koeltl
- July 27, 2023
Background
D.G. Sweigert filed this action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court explained that filing 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 ordered D.G. Sweigert, within 30 days of the order, to pay the fees or submit the attached IFP application. If the court grants the application, D.G. Sweigert may proceed without prepaying the fees.
No summons would issue at that time. The case would be processed through the Clerk’s Office if D.G. Sweigert complied. If D.G. Sweigert failed to comply within the allowed time, the action would be dismissed.
Appeal-related ruling
The court certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Chief Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.