Kijewski v. TIAA
- Laura Swain
- 1:25-cv-01779
- U.S. District Court · Southern District of New York
- 2
In Kijewski v. TIAA, Chief Judge Swain ordered Peter K. Kijewski to pay filing fees or submit an IFP application within 30 days.
Peter K. Kijewski must either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees within 30 days. If he does neither, the action will be dismissed without prejudice to refiling.
What happened
In Kijewski v. TIAA, the court directed Peter K. Kijewski to either pay the required fees or request permission to proceed without paying them in advance.
The total fee is $405, including a $350 filing fee and a $55 administrative fee. Within 30 days, Kijewski must pay or submit a completed and signed application showing that he cannot pay. The court will take no further action, and no summons will issue, until one of those steps is completed.
Chief Judge Laura Taylor Swain ordered that the case will be dismissed without prejudice to refiling if Kijewski does not comply or request more time. She also denied permission to appeal without prepaying fees, stating that an appeal would not be taken in good faith.
The detailed version
- Kijewski v. TIAA · No. 1:25-cv-01779
- Laura Swain
- Mar. 4, 2025
Order
The court directed Peter K. Kijewski to either pay the fees required to proceed with a civil action or submit a signed application to proceed without prepaying those fees. The order states that the total is $405: a $350 filing fee plus a $55 administrative fee.
Requirements and Consequences
Kijewski must complete one of those steps within 30 days of the order. If he is unable to pay, he may submit the attached completed and signed application to proceed without prepayment of fees. If the application is granted, he may proceed without paying the fees in advance.
The court stated that no further action would be taken, no summons would issue, and no answer would be required until the fees were paid or a completed and signed application was received. If Kijewski fails to comply or fails to request an extension of time, the action will be dismissed without prejudice to refiling.
Appeal
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 permission to appeal without prepaying fees.
Disposition
This order addresses payment of fees and the application to proceed without prepayment. It does not decide the underlying claims against TIAA or any other defendant.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.