Chaplin v. Freedom Mortgage Corporation
- Laura Swain
- 1:24-cv-01829
- U.S. District Court · Southern District of New York
- 2
In Chaplin v. Freedom Mortgage, Judge Swain ordered payment of fees or an application to proceed without prepaying fees within 30 days, or dismissal without prejudice.
Charlene-Jannise Chaplin, whose case must satisfy the fee-payment or fee-waiver requirement before it can proceed.
What happened
In Chaplin v. Freedom Mortgage Corporation, the court told Plaintiff Charlene-Jannise Chaplin that she must either pay $405 in filing and administrative fees or submit a signed application to proceed without prepaying fees. The case had been submitted by email, and the court said no further action would occur until one of those requirements was met.
The court said that, if Chaplin complied, the Clerk’s Office would process the case. If the court granted her application, she could proceed without paying the fees in advance. If she did not comply within 30 days or request more time, the action would be dismissed without prejudice to refiling.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Chaplin v. Freedom Mortgage Corporation · No. 1:24-cv-01829
- Laura Swain
- Apr. 3, 2024
Background
Charlene-Jannise Chaplin submitted this civil action to the Southern District of New York by email. The court explained that a civil action generally requires payment of $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, unless the plaintiff requests permission to proceed without prepaying those fees.
Order
The court ordered Chaplin, within 30 days of the order, to either pay the $405 or complete, sign, and submit an application to proceed without prepaying fees. The order provided instructions for paying by mail or in person. It also stated that no further action would be taken, no summons would issue, and no answer would be required until payment or a completed and signed application was received.
If Chaplin complied, the Clerk’s Office would process the case. If the court granted the application, she would be permitted to proceed without prepaying fees. If she failed to comply or failed to request an extension of time, the action would be dismissed without prejudice to refiling.
Appeal-related ruling
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 appeal without prepaying fees.
Disposition
The order directed payment of fees or submission of an application to proceed without prepaying fees. It did not decide the merits of the claims against Freedom Mortgage Corporation or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.