Miah v. Morgan Stanley & Co. International PLC
- Paul Engelmayer
- 1:25-cv-01208
- U.S. District Court · Southern District of New York
- 3
In Miah v. Morgan Stanley, Judge Swain ordered Habib Miah to pay the fees or request a fee waiver and sign his complaint within 30 days.
Habib Miah must either pay the $405 in fees or submit a signed application to proceed without prepayment, and must sign and return the required certification page. The case will not proceed unless he complies; failure to comply will result in dismissal without prejudice to refiling. Morgan Stanley & Co. International PLC and Eaton Vance Management International Ltd. are named defendants, but the order does not require them to respond.
What happened
In Miah v. Morgan Stanley & Co. International PLC, Habib Miah submitted his complaint by email without paying the required fees or submitting an application to proceed without paying them upfront. He also did not sign the complaint.
The court gave Miah 30 days to either pay $405 in fees or submit a signed application showing that he cannot pay. He must also sign and return the required certification and warning page. Until he does so, the case will not move forward, and no summons or answer will be required.
Judge Swain ordered that the case will be dismissed without prejudice to refiling if Miah does not comply or request more time. The court also said that an appeal from this order would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Miah v. Morgan Stanley & Co. International PLC · No. 1:25-cv-01208
- Paul Engelmayer
- Feb. 13, 2025
Background
Habib Miah, representing himself, submitted a complaint by email against Morgan Stanley & Co. International PLC and Eaton Vance Management International Ltd. He did not submit an application to proceed without prepaying fees, indicate that he would pay the required fees, or sign the complaint.
Filing fees
The court explained that starting a civil action generally requires either paying $405 or submitting a signed application to proceed without prepayment of fees. The court stated that the $405 consists of a $350 filing fee and a $55 administrative fee. Within 30 days of the order, Miah was directed either to pay the fees or, if unable to pay them, complete, sign, and submit the attached application.
Signature requirement
The court also relied on Federal Rule of Civil Procedure 11(a), which requires an unrepresented party to personally sign pleadings and other papers. Miah was directed to sign and submit the attached Plaintiff's Certification and Warnings within 30 days.
Order and effect
The court directed that no further action would be taken, and that no summons would issue and no answer would be required, until Miah paid the fees or submitted the application and provided the signature page. If he complies, the case will be processed under the Clerk's Office procedures. If the court grants the application, he may proceed without prepaying the fees.
The court stated that if Miah fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling. The court also certified that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.