Tyler v. New York City Department of Education

Background

Teresa Tyler submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court assigned docket number 24-CV-1947 (LTS). The order does not describe the underlying claims.

Payment or IFP application

Federal law requires a plaintiff beginning a civil action either to pay the required fees or to submit a signed application to proceed without prepaying them. This type of application is commonly called an in forma pauperis, or IFP, application. The court stated that the required amount was $405, consisting of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.

The court ordered Tyler, within 30 days of the order, to either pay the fees or complete, sign, and submit the attached IFP application if she could not afford them. The order provided instructions for payment by mail or in person. It stated that no further action would be taken, and no summons would issue or answer would be required, until the fees were paid or a completed and signed IFP application was received.

Effect of compliance or noncompliance

If Tyler complied, the case would be processed under the Clerk’s Office procedures. If the court granted the IFP application, Tyler would be allowed to proceed without prepaying the fees. If she failed to comply within the deadline, or failed to request an extension of time, the action would be dismissed without prejudice to refiling.

Ruling

Judge Laura Taylor Swain ordered Tyler to pay the fees or submit the IFP application within 30 days. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.