Biggers v. Swain
- Analisa Torres
- 1:23-cv-05893
- U.S. District Court · Southern District of New York
- 2
In Biggers v. Swain, Judge Torres ordered the plaintiff to pay filing fees or request permission to proceed without paying, or face dismissal.
The plaintiff, who was required to pay the action’s fees or submit an application to proceed without prepaying them, and whose action may be dismissed for noncompliance.
What happened
In Biggers v. Swain, the plaintiff filed a civil action through the court’s email system but did not pay the required filing fees or submit an application to proceed without paying them.
Judge Torres ordered the plaintiff, within 30 days of the order, to either pay $402 in filing and administrative fees or submit an application to proceed without prepaying fees. The order states that failure to comply will result in dismissal of the action.
Judge Analisa Torres also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Biggers v. Swain · No. 1:23-cv-05893
- Analisa Torres
- Aug. 24, 2023
Background
The plaintiff filed the action on July 9, 2023, using the court’s email system. The court’s order states that parties starting new civil actions are given 21 days to submit $402 in fees: a $350 filing fee and a $52 administrative fee. A person who cannot pay may instead request permission to proceed without prepaying fees by submitting an application under 28 U.S.C. §§ 1914–1915.
The plaintiff did not submit an application to proceed without prepaying fees when the complaint was filed, and the 21-day period had passed.
Order
The court ordered the plaintiff to do one of two things within 30 days of August 24, 2023: pay the $402 in fees or submit the attached application to proceed without prepaying fees. If submitted, the application was to identify docket number 23-CV-5893 (AT). The order states that, if the court grants the application, the plaintiff may proceed without prepaying fees. If the plaintiff does not comply within the allowed time, the action will be dismissed.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. Judge Analisa Torres therefore denied permission to proceed without paying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.