In Re: Brandan David Smith
- Laura Swain
- 1:24-cv-03799
- U.S. District Court · Southern District of New York
- 2
In Re: Brandan David Smith: Judge Swain ordered payment of $405 or an application to proceed without prepaying fees within 30 days.
Brandan David Smith, the plaintiff representing himself, must either pay the required fees or submit an IFP application within 30 days.
What happened
In Re: Brandan David Smith concerns a complaint filed without the required court fees or an application to proceed without prepaying fees. The plaintiff is representing himself.
The court ordered the plaintiff to pay $405 or submit a signed application to proceed without prepaying fees within 30 days. No summons will issue yet, and the case will be processed only if the plaintiff complies; otherwise, the action will be dismissed.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- In Re: Brandan David Smith · No. 1:24-cv-03799
- Laura Swain
- May 22, 2024
Background
Brandan David Smith filed a civil complaint without paying the required fees and without submitting an application to proceed in forma pauperis (IFP), meaning without paying the fees in advance. The court explained that the required amount is $405: a $350 filing fee and a $55 administrative fee.
Order
The court ordered Smith, within 30 days of May 22, 2024, to either pay the $405 in fees or submit the attached signed IFP application. The application must identify docket number 24-CV-3799 (LTS). If the court grants the application, Smith may proceed without prepaying the fees.
No summons will issue at this time. If Smith complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.