Garcia v. Bronx Supreme Court House
- Laura Swain
- 1:24-cv-01700
- U.S. District Court · Southern District of New York
- 4
In Garcia v. Bronx Supreme Court House, Judge Swain ordered Garcia to pay filing fees or request permission to proceed without prepaying them.
Paulina Beatriz Garcia, whose case was conditioned on paying the required fees or submitting an application to proceed without prepaying them; the underlying defendants were not required to respond at this stage.
What happened
In Garcia v. Bronx Supreme Court House, Paulina Beatriz Garcia filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion does not describe the claims.
The court ordered Garcia, within 30 days, either to pay $405 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons would issue at that time, and the court said the action would be dismissed if she did not comply.
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
- Garcia v. Bronx Supreme Court House · No. 1:24-cv-01700
- Laura Swain
- Mar. 8, 2024
Background
Paulina Beatriz Garcia brought the action without a lawyer. She submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepaying fees. The opinion does not state what claims Garcia asserted.
Order
The court explained that filing a civil action required either payment of $405—comprising a $350 filing fee and a $55 administrative fee—or a signed application requesting permission to proceed without prepaying fees. The court ordered Garcia to complete one of those two options within 30 days of the order. If she submitted the application, it had to identify docket number 24-CV-1700 (LTS).
The court stated that, if it approved the application, Garcia could proceed without prepaying the fees. No summons would issue at that time. If Garcia failed to comply within the 30-day period, the action would be dismissed. The order did not address the merits of the complaint.
Appeal ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) 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 state any further disposition of the underlying action.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.