Holloway Burgess v. The New School University
- John Koeltl
- 1:24-cv-00368
- U.S. District Court · Southern District of New York
- 4
In Holloway Burgess v. The New School University, Judge Swain ordered the pro se plaintiff to pay $405 or submit a fee-waiver application within 30 days.
M. Holloway Burgess, who must either pay the required $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. The action may be dismissed if the plaintiff does not comply.
What happened
M. Holloway Burgess sued The New School University and other defendants without a lawyer. The complaint was submitted without the required filing fees or an application to proceed without paying those fees in advance.
The court ordered M. Holloway Burgess, within 30 days, either to pay $405 or submit a signed application requesting permission to proceed without prepaying fees. The court issued no summonses at that time and warned that failure to comply would result in dismissal of the action.
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 order did not decide the underlying claims.
The detailed version
- Holloway Burgess v. The New School University · No. 1:24-cv-00368
- John Koeltl
- Jan. 18, 2024
Background
M. Holloway Burgess filed this action against The New School University and other defendants without a lawyer. The complaint did not include the required filing fees or a signed application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis.
Order
The court explained that starting a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or submission of a signed application requesting permission to proceed without prepaying those fees. The court ordered M. Holloway Burgess to take one of those steps within 30 days of the order. If the court grants the application, the plaintiff may proceed without prepaying the fees.
The court directed that no summonses issue at that time. If the plaintiff complies, the Clerk’s Office will process the case under its procedures. If the plaintiff does not comply within the allowed time, the action will be dismissed.
Appeal and Effect
The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements only; it did not resolve the merits of the plaintiff’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.