Ifeji v. garland
- Laura Swain
- 1:24-cv-00030
- U.S. District Court · Southern District of New York
- 2
In Ifeji v. Garland, Chief Judge Swain ordered the pro se plaintiff to pay $405 or submit an application to proceed without prepaying fees.
The pro se plaintiff, Jazzlyn Shaera Ifeji, and the other plaintiffs listed in the caption were required to pay the fees or submit an application to proceed without prepayment; noncompliance could result in dismissal of the action.
What happened
In Ifeji v. Garland, the plaintiff submitted a civil complaint without paying the required fees or filing an application to proceed without prepaying them. The complaint was submitted by email.
The court gave the plaintiff 30 days from January 25, 2024, to pay the fees or submit a signed application to proceed without prepayment. The court did not issue a summons at that time.
Chief Judge Laura Taylor Swain ordered that the case would be processed if the plaintiff complied, but that the action would be dismissed if the plaintiff did not comply within the deadline. She also denied permission to appeal without prepaying fees.
The detailed version
- Ifeji v. garland · No. 1:24-cv-00030
- Laura Swain
- Jan. 25, 2024
Background
The plaintiff brought the action without a lawyer. The complaint was submitted by email and was not accompanied by payment of the required fees or by an application to proceed without prepaying fees.
Order
The court stated that a civil action ordinarily requires payment of a filing fee and an administrative fee, or a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The order first referred to $402 in fees, described as a $350 filing fee plus a $55 administrative fee. It then directed the plaintiff, within 30 days of the order, either to pay $405 or submit the attached application to proceed without prepayment, labeled with docket number 24-CV-0030.
No summons was to issue at that time. The court stated that, if the plaintiff complied, the case would be processed under the Clerk’s Office procedures. If the plaintiff did not comply within the allowed period, the action would be dismissed.
Appeal-related ruling
The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not explain the discrepancy between its references to $402 and $405 in required fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.