Chang v. D1-JOYSON SAFETY SYSTEMS ACQUISITION LLC
- Laura Swain
- 1:24-cv-02806
- U.S. District Court · Southern District of New York
- 4
In Chang v. D1-JOYSON, Judge Swain ordered Chang to pay $405 or submit an application to proceed without paying fees.
Yaping Chang and the continuation of this case: Chang must pay the $405 fees or submit a signed application to proceed without prepaying them within 30 days, or the action will be dismissed without prejudice to refiling.
What happened
In Chang v. D1-JOYSON SAFETY SYSTEMS ACQUISITION LLC, Yaping Chang submitted this civil case by email, and the court assigned it docket number 24-CV-2806. The order did not address the underlying claims.
The court gave Chang 30 days to pay the $405 filing and administrative fees or submit a signed application showing an inability to pay. Until payment or a completed application was received, the court said it would take no further action, issue no summons, and require no answer.
If Chang did not comply or request more time, the action would be dismissed without prejudice to refiling. Judge Laura Taylor Swain also denied permission to proceed without paying fees for an appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Chang v. D1-JOYSON SAFETY SYSTEMS ACQUISITION LLC · No. 1:24-cv-02806
- Laura Swain
- Apr. 16, 2024
Background
Yaping Chang submitted this civil action to the Southern District of New York by email. The court assigned docket number 24-CV-2806. The opinion does not describe the underlying claims or the parties’ dispute.
Filing fee or application to proceed without prepayment
The court explained that a civil plaintiff must either pay the required fees or ask to proceed without prepaying them. The total fee identified in the order was $405, consisting of a $350 filing fee and a $55 administrative fee.
Within 30 days of the order, Chang was required either to pay the $405 or complete, sign, and submit the attached application to proceed without prepaying fees. The order provided instructions for paying by mail or in person. It also stated that if multiple plaintiffs sought to proceed without prepaying fees, each would have to submit a separate application.
Effect on the case
The court stated that no further action would be taken, no summons would issue, and no answer would be required until the fees were paid or a completed and signed application was received. If Chang complied, the case would be processed under the Clerk’s Office procedures. If the court granted the application, Chang would be allowed to proceed without prepaying the fees.
If Chang failed to comply within the allowed time and did not request an extension, the action would be dismissed without prejudice to refiling. The court also 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 proceed without prepaying fees for an appeal.
Ruling
Judge Laura Taylor Swain issued an order directing Chang to pay the fees or submit the application within 30 days. The order resolved only the fee-payment or fee-waiver requirement and did not decide the merits of the underlying case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.