Delo v. Fordham University
- Laura Swain
- 1:24-cv-06025
- U.S. District Court · Southern District of New York
- 4
In Delo v. Fordham University, Judge Swain ordered Benjamin J. Delo to pay $405 or apply to proceed without prepaying fees within 30 days.
Benjamin J. Delo must either pay the required fees or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. Fordham University is the named defendant, but the order does not address the merits of Delo’s claims.
What happened
Benjamin J. Delo brought Delo v. Fordham University without a lawyer, but he did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Delo, within 30 days, either to pay $405—or submit the required application. The amount includes a $350 filing fee and a $55 administrative fee. No summons will issue yet, and the court stated that the action will be dismissed if Delo does not comply.
Chief United States District Judge Laura Taylor Swain also stated that an appeal from this order would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Delo v. Fordham University · No. 1:24-cv-06025
- Laura Swain
- Aug. 9, 2024
Background
Benjamin J. Delo filed this action against Fordham University without a lawyer. He submitted the complaint without paying the required fees and without an application to proceed in forma pauperis (IFP), meaning without prepaying court fees.
Order
The court directed Delo to take one of two actions within 30 days of the order: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed IFP application. The court explained that, if it grants the IFP application, Delo may proceed without prepaying the fees.
No summons will issue at this time. If Delo complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied IFP status for purposes of an appeal.
Judge
Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.