Jackson v. Greenberg
- Laura Swain
- 1:23-cv-05823
- U.S. District Court · Southern District of New York
- 2
In Jackson v. Greenberg, Judge Swain ordered plaintiff to pay $402 or submit an application to proceed without prepaying fees within 30 days.
Andrew Lee Jackson, whose action cannot proceed unless he pays the full filing fees or submits the required application within 30 days.
What happened
In Jackson v. Greenberg, Andrew Lee Jackson filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. He later paid $350, but the court said the total required fee was $402.
The court directed its Finance Unit to return the $350 payment. Jackson must, within 30 days of the order, either pay the full $402 or submit a signed application to proceed without prepaying fees. No summons will issue at this time.
Judge Laura Taylor Swain ordered that the case will be processed if Jackson complies. If he does not comply within the allowed time, the action will be dismissed without prejudice. The court also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jackson v. Greenberg · No. 1:23-cv-05823
- Laura Swain
- July 28, 2023
Background
Andrew Lee Jackson brought this civil action pro se, meaning without a lawyer. A person starting a civil action in this court must either pay $402 in fees—$350 for filing and $52 for administration—or submit a signed application to proceed without prepaying fees.
Jackson submitted the complaint on July 7, 2023, without paying the fees or submitting the application. The court’s Finance Unit later received a $350 payment, but the court determined that this was not the required total. The order directs the Finance Unit to return that payment.
Court’s Order
The court ordered Jackson, within 30 days of July 28, 2023, to either pay the full $402 or submit the attached application to proceed without prepaying fees, labeled with docket number 23-CV-5823 (LTS). No summons will issue at this time. If Jackson complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not bar a later filing.
Chief Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addresses filing requirements and does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.