Hall v. Select Portfolio Servicing Inc.

Background

Plaintiff Anthony Winston Hall brought the action without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepayment of fees.

The opinion notes that the complaint was captioned for the United States District Court for the Eastern District of New York, although this case is in the Southern District of New York. It also refers to a prior related proceeding against Select Portfolio Servicing, Inc. in the Eastern District of New York, No. 19-CV-01683 (ENV), which was dismissed after the plaintiff failed to file an amended complaint.

Order

The court ordered Hall, within 30 days of the order, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed application to proceed without prepaying fees under 28 U.S.C. § 1915. If the court grants that application, Hall may proceed without prepaying the fees.

No summons would issue at that time. The court stated that, if Hall complied with the order, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.

Appeal

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal.