Taylor v. City of New York
- Laura Swain
- 1:24-cv-01922
- U.S. District Court · Southern District of New York
- 4
In Taylor v. City of New York, Judge Swain ordered Roy Taylor to pay $405 or submit a complete signed fee-waiver application within 30 days.
Roy Taylor, who must either pay the required fees or submit a complete signed application to proceed without prepaying them within 30 days to avoid dismissal of the action.
What happened
In Taylor v. City of New York, Roy Taylor filed a complaint without paying the required fees and submitted an incomplete application to proceed without prepaying them. The application was missing its signature page.
The court gave Taylor 30 days to either pay $405—the $350 filing fee and $55 administrative fee—or submit both pages of a completed and signed application. If the court approves the application, Taylor may proceed without paying the fees in advance. No summons will issue yet.
The order states that the case will be processed if Taylor complies and will be dismissed if he does not. Judge Laura Taylor Swain also denied fee-waiver status for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Taylor v. City of New York · No. 1:24-cv-01922
- Laura Swain
- Mar. 15, 2024
Background
Roy Taylor brought the action without a lawyer. The complaint was submitted without the required filing fees, and Taylor’s application to proceed without prepaying fees was incomplete because its second page, containing the signature section, was missing.
Order
The court directed Taylor, within 30 days of the order, to do one of two things:
1. Pay $405 in total fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. Fully complete, sign, and submit both pages of the attached application to proceed without prepaying fees. The application should include docket number 24-CV-1922 (LTS).
If the court grants the application, Taylor will be allowed to proceed without paying the fees in advance. The court directed that no summons issue at that time. If Taylor does not comply within the allowed period, the action will be dismissed. If he complies, the case will be processed under the Clerk’s Office procedures.
Appeal and Classification
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This is a procedural order addressing payment of court fees and the application to proceed without prepayment; it does not decide the underlying claims in the complaint.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.