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S.D.N.Y.Procedural orderFiled Feb. 7, 2024

Wall v. Greene

Judge
Laura Swain
Docket
1:24-cv-00350
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Wall v. Greene, Judge Swain ordered pro se plaintiff Eric D. Wall to pay $405 or submit an IFP application within 30 days.

Who this affects

Eric D. Wall, who filed the action without a lawyer; the action may be dismissed if he does not pay the required fees or submit the required application within 30 days.

What happened

Wall v. Greene involves Eric D. Wall’s complaint, which he filed without paying the required fees or submitting an application to proceed without prepaying them.

The court ordered Wall to pay $405 or submit a signed application to proceed without prepayment within 30 days. No summons will issue while the court awaits his compliance, and the case will be processed if he complies.

Judge Laura Taylor Swain stated that the action will be dismissed if Wall does not comply and denied permission to appeal without prepaying fees because any appeal would not be taken in good faith.

The detailed version

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

Case
Wall v. Greene · No. 1:24-cv-00350
Judge
Laura Swain
Date
Feb. 7, 2024

Background

Eric D. Wall filed this civil action without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees.

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 a signed application to proceed in forma pauperis, meaning without prepayment of court fees. The court ordered Wall, within 30 days of the order, to pay the $405 or submit the attached application labeled with docket number 24-CV-0350 (LTS).

No summons will issue at this time. If Wall complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed period, 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 in forma pauperis status for purposes of an appeal. The order addresses payment or fee-waiver requirements and does not decide the underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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