Teman v. Zeldes Needle Cooper LLP
- Lewis Liman
- 1:24-cv-09830
- U.S. District Court · Southern District of New York
- 2
In Teman v. Zeldes Needle Cooper LLP, Judge Swain ordered payment or a fee-waiver application within 30 days, or dismissal without prejudice.
Ari Baruch Teman, whose case cannot proceed unless he pays the required fees or submits a completed and signed application to proceed without prepaying them. If he does not comply within the allowed time or request an extension, the action will be dismissed without prejudice to refiling.
What happened
Ari Baruch Teman submitted this civil action by email, and the court assigned it docket number 24-CV-9830. The order does not address the underlying claims against Zeldes Needle Cooper LLP and the other defendants.
The court ordered Teman to pay $405 in fees or submit a signed application to proceed without paying fees in advance. The $405 includes a $350 filing fee and a $55 administrative fee. No further action will be taken, and no summons will issue, until the payment or application is received.
If Teman does not comply within 30 days of the order or request more time, the action will be dismissed without prejudice to refiling. Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Teman v. Zeldes Needle Cooper LLP · No. 1:24-cv-09830
- Lewis Liman
- Jan. 3, 2025
Background
Ari Baruch Teman submitted this civil action to the U.S. District Court for the Southern District of New York by email. The case was assigned docket number 24-CV-9830. The order does not decide the claims against Zeldes Needle Cooper LLP or the other defendants.
Order to Pay Fees or Apply to Proceed Without Prepayment
The court explained that a plaintiff starting a civil action must either pay the required fees or submit a signed application to proceed without prepaying them. That application is commonly called an in forma pauperis, or IFP, application. The court ordered Teman, within 30 days of January 3, 2025, to do one of the following:
- Pay $405 in fees; or - If unable to pay, complete, sign, and submit the attached IFP application.
The order states that the $405 consists of a $350 filing fee and a $55 administrative fee. It also provides instructions for paying by mail or in person. No further action would be taken in the case, and no summons would issue or answer be required, until the fees were paid or a completed and signed IFP application was received.
If the court grants the IFP application, Teman would be permitted to proceed without prepaying the fees. The order also states that if proper payment had already been submitted before the order was received, the case would proceed once the payment was processed.
Disposition
The court ordered payment of the fees or submission of an IFP application within the stated time. It stated that if Teman failed to comply or failed to request an extension, the action would be dismissed without prejudice to refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.