Richards v. City of New York
- Vernon Broderick
- 1:24-cv-02212
- U.S. District Court · Southern District of New York
- 4
Richards v. City of New York: Judge Swain ordered Richards to pay $405 or apply to proceed without prepaying fees within 30 days.
Alroy Richards, who must either pay the required fees or submit an IFP application within 30 days to avoid dismissal of the action.
What happened
In Richards v. City of New York, Alroy Richards filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The order states that Richards was representing himself.
The court gave Richards 30 days to pay $405, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed application showing that he could not pay. No summons would be issued at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Richards complied, but would be dismissed if he did not comply within the allowed time. The court also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Richards v. City of New York · No. 1:24-cv-02212
- Vernon Broderick
- Mar. 27, 2024
Background Alroy Richards brought this action against the City of New York without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Order The court explained that filing a civil action required either payment of $405— a $350 filing fee and a $55 administrative fee—or a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The court ordered Richards, within 30 days of the order, to do one of those two things. If the court grants the IFP application, Richards may proceed without paying the fees in advance.
No summons would issue at that time. If Richards complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition Judge Laura Taylor Swain issued an order directing payment of the filing fees or submission of an IFP application. The order did not decide the underlying claims against the City of New York.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.