Smalls v. White Plains Hospital
- Laura Swain
- 1:24-cv-01525
- U.S. District Court · Southern District of New York
- 2
In Smalls v. White Plains Hospital, Chief Judge Swain ordered Norma M. Smalls to pay $405 or submit a request to proceed without prepaying fees within 30 days.
Norma M. Smalls must either pay the $405 fee or submit a signed application to proceed without prepaying fees within 30 days. If she does neither or fails to request an extension, the action will be dismissed without prejudice to refiling. White Plains Hospital is named as the defendant, but the order does not address the underlying claims.
What happened
Smalls v. White Plains Hospital was submitted to the Southern District of New York by email and assigned docket number 24-CV-1525 (LTS). The court told Norma M. Smalls that she must either pay the $405 fee or submit a signed application to proceed without prepaying fees.
The court said it would take no further action, and would not issue a summons or require an answer, until it received the fee or a completed application. If the application is granted, Smalls may proceed without prepaying the fee.
Chief Judge Laura Taylor Swain ordered Smalls to comply within 30 days of the order or request more time. If she does neither, the action will be dismissed without prejudice to refiling. The court also denied fee-waiver status for any appeal because it certified that an appeal would not be taken in good faith.
The detailed version
- Smalls v. White Plains Hospital · No. 1:24-cv-01525
- Laura Swain
- Mar. 20, 2024
Background
Norma M. Smalls submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court explained that filing a civil action requires payment of $405, consisting of a $350 filing fee and a $55 administrative fee, or submission of a signed application to proceed without prepaying fees.
Order
Judge Swain ordered Smalls, within 30 days, either to pay the $405 fee or complete, sign, and submit the attached application. The order provided instructions for paying by mail or in person. No further action would be taken, and no summons would issue or answer would be required, until the court received payment or a completed and signed application.
If Smalls complies, the case will be processed under the Clerk’s Office procedures. If the court grants the application, she will be permitted to proceed without prepaying fees. If she does not comply or request an extension within the allowed time, the action will be dismissed without prejudice to refiling.
Appeal provision
The court 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 proceed without prepaying fees for an appeal. This order did not decide the underlying claims against White Plains Hospital.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.