Brik v. Fogel
- Ronnie Abrams
- 1:24-cv-08845
- U.S. District Court · Southern District of New York
- 4
In Brik v. Fogel, Judge Swain ordered Roman Brik to pay fees or submit an application to proceed without prepayment.
Roman Brik must either pay the required fees or submit an application to proceed without prepayment within 30 days. The case will not proceed to summons issuance unless he complies, and the action will be dismissed if he does not.
What happened
In Brik v. Fogel, Roman Brik filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The opinion states that Brik is representing himself.
The court ordered Brik, within 30 days, either to pay $405 in filing and administrative fees or to submit a signed application to proceed without prepayment. No summons will issue yet. If Brik does not comply on time, the action will be dismissed; if he submits the application and it is granted, he may proceed without paying the fees in advance.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims against Jonathan Fogel.
The detailed version
- Brik v. Fogel · No. 1:24-cv-08845
- Ronnie Abrams
- Dec. 9, 2024
Background
Roman Brik filed this civil action without paying the required filing fees and without submitting an application to proceed without prepayment of fees. The order states that Brik is representing himself.
Order
The court explained that a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application describing the plaintiff's financial circumstances.
The court ordered Brik to do one of those two things within 30 days of the order: pay the $405 or submit the attached application. The application must identify docket number 24-CV-8845 (LTS). If the court grants the application, Brik will be allowed to proceed without prepaying the fees.
No summons will issue at this time. If Brik complies, the Clerk's Office will process the case under its procedures. If he does not comply within the permitted 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 permission to appeal without prepaying fees. The order did not address the merits of Brik's claims against Jonathan Fogel.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.