Hedge v. Montefiore Medical Center

Background

Satyanarayan Hedge, M.D. submitted this civil action to the U.S. District Court for the Southern District of New York by email. The action names Montefiore Medical Center and other defendants. The opinion does not describe the underlying claims.

Order

The court explained that a plaintiff starting a civil action must either pay the required fees or request permission to proceed without paying them in advance. The total fee identified in the order was $405, consisting of a $350 filing fee and a $55 administrative fee.

The court gave Hedge 30 days from the date of the order to either pay the fees or complete, sign, and submit the attached application to proceed without prepayment of fees. The order provides instructions for paying by mail or in person. If Hedge complies, the Clerk’s Office will process the case. If the court grants the application, Hedge may proceed without paying the fees in advance.

Until payment or a completed and signed application is received, the court said that no further action would be taken, no summons would issue, and no answer would be required. The court also stated that payment submitted before the order would allow the case to proceed once processed.

Disposition

Chief United States District Judge Laura Taylor Swain ordered that the action would be dismissed without prejudice to refiling if Hedge failed to comply within the permitted time or failed to request an extension. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for purposes of an appeal. This order addressed filing requirements and did not decide the underlying claims.