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S.D.N.Y.Procedural orderFiled Jan. 23, 2024

Bowleg v. United States

Judge
Laura Swain
Docket
1:24-cv-00412
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Bowleg v. United States, Judge Swain ordered the plaintiff to pay $405 or submit a fee-waiver application within 30 days.

Who this affects

Harry Alphonso Bowleg must either pay the required fees or submit an application to proceed without prepaying them within 30 days. The case will be dismissed if he does not comply.

What happened

In Bowleg v. United States, Harry Alphonso Bowleg filed a lawsuit without paying the required fees or submitting an application to proceed without paying them in advance.

The court ordered Bowleg to pay $405 or submit a signed application within 30 days. No summons will be issued for now, and the court said the action will be dismissed if he does not comply.

Judge Laura Taylor Swain also ruled that any appeal from this 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
Bowleg v. United States · No. 1:24-cv-00412
Judge
Laura Swain
Date
Jan. 23, 2024

Background

Harry Alphonso Bowleg brought this action without a lawyer. He submitted the complaint without paying the required filing fees and without an application to proceed without prepaying fees, known as an application to proceed in forma pauperis.

Order

The court ordered Bowleg, within 30 days of the order, to either pay $405 in fees or submit a signed application to proceed without prepaying fees. The $405 consists of a $350 filing fee and a $55 administrative fee. If the court grants the application, Bowleg may proceed without paying the fees in advance.

The court directed that no summons be issued at that time. It stated that, if Bowleg complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.

Appeal and disposition

Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addresses payment of fees and does not decide the underlying claims in the complaint.

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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