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S.D.N.Y.Procedural orderFiled Apr. 23, 2024

Bryson v. Welsch

Judge
Laura Swain
Docket
1:24-cv-03064
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Bryson v. Welsch, Judge Swain ordered Maria Bryson, who is representing herself, to pay $405 or submit a fee-waiver application within 30 days.

Who this affects

Maria Bryson must either pay the required $405 or submit a signed application to proceed without prepaying fees within 30 days. The case will not proceed to summons issuance unless she complies, and the action will be dismissed if she does not.

What happened

In Bryson v. Welsch, Maria Bryson filed a civil action without paying the required fees or submitting an application to proceed without paying them. The order states that Bryson is representing herself.

The court gave Bryson 30 days from April 23, 2024, to pay $405 or submit a signed application to proceed without prepaying fees. No summons will issue yet. If Bryson does not comply on time, the action will be dismissed.

Judge Laura Taylor Swain issued the order and denied permission to proceed without prepaying fees for any appeal, certifying that an appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bryson v. Welsch · No. 1:24-cv-03064
Judge
Laura Swain
Date
Apr. 23, 2024

Background

Maria Bryson filed this civil action without paying the filing fees and administrative fee and without submitting an application to proceed without prepaying fees. The opinion states that Bryson is representing herself.

Order

The court explained that a plaintiff must either pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed in forma pauperis (IFP), meaning without prepaying court fees. The court ordered Bryson to do one of those things within 30 days of the order. If she submits the application, it must identify docket number 24-CV-3064 (LTS). If the court grants the application, she may proceed without prepaying fees.

The court directed that no summons issue at that time. It stated that, if Bryson complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed.

Appeal-related ruling

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 IFP status for purposes of an appeal.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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