Stuyvesant v. Swaine
- Paul Engelmayer
- 1:24-cv-03598
- U.S. District Court · Southern District of New York
- 5
In Stuyvesant v. Swaine, Judge Stanton ordered payment or an IFP request and a signed complaint page within 30 days.
Curtis Van Stuyvesant, whose case could be dismissed if he did not pay the required fees or submit a fee-waiver application and a signed complaint page within 30 days.
What happened
In Stuyvesant v. Swaine, Curtis Van Stuyvesant filed the case without paying the required fees, submitting an application to waive them, or including a signature page. The opinion says he is representing himself and seeks an injunction under 28 U.S.C. § 1651.
The court ordered him, within 30 days, either to pay $405 in filing and administrative fees or submit an application to proceed without paying those fees in advance. The court also ordered him to file an original signature page for the complaint. No summons would issue at that time.
If the required materials were not filed on time, the action would be dismissed. Judge Louis L. Stanton signed the order on May 17, 2024.
The detailed version
- Stuyvesant v. Swaine · No. 1:24-cv-03598
- Paul Engelmayer
- May 17, 2024
Background
Curtis Van Stuyvesant, identified in the opinion as a self-represented petitioner, brought an action seeking injunctive relief under 28 U.S.C. § 1651. He submitted the petition without paying the required fees, filing an application to proceed without prepaying those fees, or including a signature page.
Court Fees
The court explained that starting a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed without prepaying fees. Within 30 days of the order, the petitioner was directed to pay the fees or submit the attached application. The court stated that, if it granted the application, the petitioner could proceed without prepaying the fees.
Signature Requirement
The court also directed the petitioner to submit the complaint’s signature page with an original signature within 30 days. The court relied on Federal Rule of Civil Procedure 11(a) and the applicable local rule, which require an unrepresented party to sign the party’s own filing.
Disposition
The court directed the petitioner to submit the fee application or pay the fees and to sign and file the attached signature page. No summons would issue at that time. The order stated that, if the petitioner failed to comply within the permitted period, the action would be dismissed. Judge Louis L. Stanton signed the order.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.