Adim v. Bragg
- Laura Swain
- 1:24-cv-04230
- U.S. District Court · Southern District of New York
- 4
In Adim v. Bragg, Judge Swain ordered payment or an IFP application within 30 days before the case could proceed.
The plaintiff, Cherubim Chinedum Adim, must pay the required fees or submit a signed IFP application before the case can proceed; the defendant is not required to answer at this stage.
What happened
In Adim v. Bragg, the court received the action by email and assigned it a docket number. The opinion does not describe the underlying claims.
The court ordered the plaintiff, within 30 days, either to pay $405 in fees or submit a signed application to proceed without prepaying fees. Until one of those steps occurs, the case will not proceed, and no summons will issue or answer will be required.
Judge Laura Taylor Swain stated that failure to comply, or to request more time, would result in dismissal without prejudice to refiling. She also denied fee-waiver status for an appeal because any appeal would not be taken in good faith.
The detailed version
- Adim v. Bragg · No. 1:24-cv-04230
- Laura Swain
- June 18, 2024
Background
Cherubim Chinedum Adim, doing business as Agourmp Global Solution Inc., submitted this civil action to the court by email. The opinion does not state what claims the plaintiff is asserting against Alvin Leonard Bragg.
Payment or fee-waiver requirement
To proceed with a civil action, the plaintiff must either pay the required fees or request permission to proceed without prepaying them. The court ordered the plaintiff to do one of the following within 30 days of the order’s date:
- Pay $405, consisting of a $350 filing fee and a $55 administrative fee; or - Complete, sign, and submit the court’s application to proceed without prepaying fees, commonly called an IFP application.
The order states that no further action will be taken, no summons will issue, and no answer will be required until the fees are paid or a completed and signed IFP application is received. If the plaintiff complies, the Clerk’s Office will process the case under its procedures. If the court grants the IFP application, the plaintiff may proceed without prepaying the fees.
Ruling and effect
Judge Laura Taylor Swain ordered the plaintiff to pay the fees or submit the IFP application within the stated period. If the plaintiff fails to comply or does not request an extension of time, the action will be dismissed without prejudice to refiling. The court also certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.