Foreman v. Bragg
- Laura Swain
- 1:23-cv-07066
- U.S. District Court · Southern District of New York
- 4
In Foreman v. Bragg, Chief Judge Swain ordered the pro se plaintiff to pay filing fees or submit an application to proceed without prepayment.
Charles J. Foreman must either pay the $402 in fees or submit a signed application to proceed without prepayment within 30 days; otherwise, the action will be dismissed. Alvin L. Bragg is affected because the case has not yet proceeded to summons or consideration of the underlying claims.
What happened
In Foreman v. Bragg, Charles J. Foreman filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The order does not describe the claims against Alvin L. Bragg.
The court gave Foreman 30 days to pay $402 in fees or submit a signed application showing that he cannot pay. No summons will be issued yet, and the case will be processed if he complies. The order states that the action will be dismissed if he does not comply within the deadline.
Chief Judge Laura Taylor Swain issued the order on August 11, 2023. She also denied permission to appeal without paying fees, stating that any appeal would not be taken in good faith.
The detailed version
- Foreman v. Bragg · No. 1:23-cv-07066
- Laura Swain
- Aug. 11, 2023
Background
Charles J. Foreman brought this civil action without a lawyer. The opinion states that he submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees, commonly called an IFP application.
Order
The court explained that proceeding with a civil action requires either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application. The court ordered Foreman, within 30 days of the order, to do one of those two things. If he submits the application and the court grants it, he may proceed without paying the fees in advance.
No summons will issue at this time. The order states that the case will be processed under the Clerk’s Office procedures if Foreman complies, but that the action will be dismissed if he does not comply within the allowed time.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
What the order did not decide
The opinion does not describe the underlying claims or decide whether either party is legally right on those claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.