DeRouseau v. Korzeilus
- Louis Stanton
- 1:24-cv-06516
- U.S. District Court · Southern District of New York
- 2
In DeRouseau v. Korzeilus, Chief Judge Swain ordered payment or an IFP application within 30 days.
Kyle G. DeRouseau, who must pay the fees or submit a signed application within 30 days to avoid dismissal of the action.
What happened
In DeRouseau v. Korzeilus, Kyle G. DeRouseau filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered DeRouseau to pay $405 or submit a signed application to proceed without prepaying fees within 30 days. No summons will issue yet.
Judge Laura Taylor Swain said the case would be processed if DeRouseau complies and will be dismissed if he does not. She also denied fee-free status for any appeal from this order.
The detailed version
- DeRouseau v. Korzeilus · No. 1:24-cv-06516
- Louis Stanton
- Aug. 29, 2024
Background
Kyle G. DeRouseau brought the action without a lawyer. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees.
Order
The court directed DeRouseau, within 30 days of the order, to do one of two things:
1. Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. Submit a signed application to proceed without prepaying fees.
The application must identify docket number 24-CV-6516 (LTS). If the court grants the application, DeRouseau may proceed without prepaying the fees. No summons will issue at this time.
Effect of Noncompliance and Appeal
The order states that the case will be processed under the Clerk’s Office procedures if DeRouseau complies. If he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Disposition
This is a procedural order addressing payment of filing fees or an application to proceed without prepaying them. It does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.