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S.D.N.Y.Procedural orderFiled Aug. 16, 2023

Swint v. Facebook

Judge
Laura Swain
Docket
1:23-cv-07213
Court
U.S. District Court · Southern District of New York
Pages
4
Pro SeCivil Procedure
In one sentence

In Swint v. Facebook, Judge Swain ordered Robert James Swint to pay $402 or submit an application to proceed without prepaying fees within 30 days.

Who this affects

Robert James Swint, who must either pay the $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; otherwise, his action will be dismissed.

What happened

In Swint v. Facebook, Robert James Swint filed a civil action without paying the required fees or submitting an application to proceed without prepaying fees.

The court ordered Swint, within 30 days, to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons would issue at that time, and the case would be processed if he complied.

If Swint did not comply within the deadline, the action would be dismissed. Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Swint v. Facebook · No. 1:23-cv-07213
Judge
Laura Swain
Date
Aug. 16, 2023

Background

Robert James Swint brought this action without a lawyer. He submitted the complaint without paying the required 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 required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application. The court gave Swint 30 days from the date of the order to take one of those actions. If the court granted the IFP application, Swint could proceed without prepaying the fees.

No summons would issue at that time. If Swint complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed.

Disposition

The court ordered payment of the fees or submission of an IFP application. It also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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