Decatus v. the City

Background

Vanessa Decatus, who is proceeding without a lawyer, initially opened the matter as a miscellaneous case on behalf of the “Vanessa Decatus Trust/Estate.” In an order dated January 23, 2024, Judge Mary Kay Vyskocil determined that the matter did not fit any listed category of miscellaneous cases and could not proceed on the miscellaneous docket. Judge Vyskocil directed the Clerk of Court to open a new civil action listing Decatus as the plaintiff and the City and County of the State of New York as the defendant. The Clerk opened the civil action on March 25, 2024, under docket number 24-CV-2224 (LTS).

Fees or Application to Proceed Without Prepayment

The court explained that starting a civil action requires either payment of $405—the $350 filing fee and $55 administrative fee—or a signed application asking to proceed without prepaying the fees. This fee-waiver process is commonly called proceeding in forma pauperis, or IFP.

Order

Judge Laura Taylor Swain ordered Decatus to pay the $405 fees or submit the attached IFP application within 30 days of the order. The application had to identify docket number 24-CV-2224 (LTS). The court stated that, if it granted the application, Decatus could proceed without prepaying the fees. No summons would issue at that time. The court further stated that the action would be dismissed if Decatus failed to comply within the permitted time.

The court certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide the merits of any underlying claim.