Freeman v. NYC Health + Hospitals
- Laura Swain
- 1:24-cv-03678
- U.S. District Court · Southern District of New York
- 4
In Freeman v. NYC Health + Hospitals, Judge Swain ordered Kevin W. Freeman to pay $405 or submit an IFP application within 30 days.
Kevin W. Freeman, whose action cannot proceed until he pays the required fees or submits the required application; the order also states that failure to comply will result in dismissal without prejudice to refiling.
What happened
In Freeman v. NYC Health + Hospitals, the court directed Kevin W. Freeman to either pay $405 in court fees or submit a signed application to proceed without paying the fees in advance. The order did not describe the underlying claims.
The court said no further action would be taken, and no summons or answer would be required, until it received payment or a completed application. If the application is granted, Freeman may proceed without paying the fees in advance.
Judge Swain ordered compliance within 30 days and stated that failure to comply, or to request more time, would result in dismissal without prejudice to refiling. The court also denied fee-free status for an appeal from the order.
The detailed version
- Freeman v. NYC Health + Hospitals · No. 1:24-cv-03678
- Laura Swain
- May 17, 2024
Background
Kevin W. Freeman submitted this civil action to the U.S. District Court for the Southern District of New York by email. The order does not describe the claims against NYC Health + Hospitals or the other named defendants.
Order
The court directed Freeman, within 30 days of the order, to either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees or costs. The order states that the $405 consists of a $350 filing fee and a $55 administrative fee, subject to possible updates in the court’s fee schedule.
The court 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 application was received. If the court grants the application, Freeman will be permitted to proceed without prepaying fees.
Disposition
The court ordered that, if Freeman fails to comply within the allowed time or fails to seek an extension, the action will be dismissed without prejudice to refiling. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the merits of the underlying action.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.