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S.D.N.Y.Procedural orderFiled Oct. 10, 2023

Robertson v. NASA

Judge
Laura Swain
Docket
1:23-cv-08723
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Robertson v. NASA, Judge Swain ordered Robertson to pay $402 or submit an application to proceed without prepaying fees within 30 days.

Who this affects

Twalla Jean Robertson, who must either pay the $402 in fees or submit an IFP application within 30 days for the action to proceed. The case will be dismissed if she does not comply, and no summons will issue at this time.

What happened

In Robertson v. NASA, Twalla Jean Robertson filed the action without paying the required fees or submitting an application to proceed without prepaying them. The order does not describe the claims’ substance.

The court ordered Robertson, who is representing herself, to pay $402 or submit a signed application to proceed without prepaying fees within 30 days. No summons will issue at this time, and the action will be dismissed if she does not comply.

Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.

The detailed version

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

Case
Robertson v. NASA · No. 1:23-cv-08723
Judge
Laura Swain
Date
Oct. 10, 2023

Background

Twalla Jean Robertson filed this action against NASA and other defendants without paying the required fees or submitting an application to proceed without prepaying fees. The opinion identifies Robertson as representing herself but does not describe the underlying claims.

Fee requirement

The court explained that starting a civil action requires either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application requesting permission to proceed without prepaying fees. This permission is commonly called proceeding "in forma pauperis," or IFP.

Order

Within 30 days of the order, Robertson must either pay the $402 or submit the attached IFP application, labeled with docket number 23-CV-8723 (LTS). If the court grants the application, she may proceed without paying the fees in advance. No summons will issue at this time. If Robertson complies, the case will be processed under the Clerk’s Office procedures; if she does not comply within the allowed time, the action will be dismissed.

The court 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 as Chief United States District Judge.

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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