Cullar v. Commissioner of Social Security
- Sarah Netburn
- 1:23-cv-09698
- U.S. District Court · Southern District of New York
- 4
In Cullar v. Commissioner of Social Security, Chief Judge Swain ordered Cullar to pay filing fees or apply to proceed without prepayment.
Janoyce Cullar must either pay the required $402 in fees or submit an IFP application within 30 days; otherwise, the action will be dismissed. The Commissioner of Social Security is the named defendant, but the order does not address the underlying Social Security claims.
What happened
Janoyce Cullar filed this Social Security case without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court gave Cullar 30 days to pay $402 in filing and administrative fees or submit a signed application showing an inability to pay. No summons will issue yet, and the court stated that the action will be dismissed if Cullar does not comply.
Chief Judge Laura Taylor Swain also ruled that an appeal from this order would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Cullar v. Commissioner of Social Security · No. 1:23-cv-09698
- Sarah Netburn
- Nov. 3, 2023
Background
Janoyce Cullar brought the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court directed Cullar, within 30 days of the order, to either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit the attached, signed IFP application. The application must identify docket number 23-CV-9698. If the court grants the application, Cullar may proceed without prepaying fees.
No summons will issue at this time. The court stated that, if Cullar complies, the case will be processed under the Clerk’s Office procedures. If Cullar does not comply within the permitted time, the action will be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.