Martinez v. New York City Police Department
- Laura Swain
- 1:24-cv-00911
- U.S. District Court · Southern District of New York
- 4
In Martinez v. New York City Police Department, Chief Judge Swain ordered Suelyn Martinez to pay fees or apply to proceed without prepayment.
Suelyn Martinez must either pay $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. The case will be dismissed if she does not comply, and no summons will issue unless the case proceeds under the court’s procedures.
What happened
In Suelyn Martinez v. New York City Police Department, Martinez filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Martinez 30 days to pay $405 or submit a signed application showing that she cannot afford the fees. No summons will be issued yet, and the action will be dismissed if she does not comply on time.
Chief United States District Judge Laura Taylor Swain issued the order and said that any appeal would not be taken in good faith, so fee-free status was denied for an appeal.
The detailed version
- Martinez v. New York City Police Department · No. 1:24-cv-00911
- Laura Swain
- May 24, 2024
Background
Suelyn Martinez brought this civil action against the New York City Police Department and proceeded without a lawyer. She submitted her complaint without paying the required fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Court’s order
The court explained that starting a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application requesting permission to proceed without prepaying those fees.
The court ordered Martinez, within 30 days of the order, to do one of two things: pay the $405 in fees or submit the attached IFP application. If she submits the application, it must identify docket number 24-CV-0911 (LTS). The court stated that, if it grants the application, Martinez may proceed without prepaying the fees.
Other rulings and effect
The court ordered that no summons issue at that time. If Martinez complies, the Clerk’s Office will process the case under its procedures. If she does not comply within the allowed time, the action will be dismissed.
Chief United States District Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order addresses filing requirements and does not decide the underlying claims described in the complaint.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.