Celli v. Lehrburger
- Laura Swain
- 1:25-cv-04505
- U.S. District Court · Southern District of New York
- 4
In Celli v. Lehrburger, Judge Swain ordered pro se plaintiff Lucio Celli to pay fees or submit an application to proceed without prepayment.
Lucio Celli and the pending action; the defendants are not required to respond at this stage because no summons has issued.
What happened
Celli v. Lehrburger concerns a civil action filed by Lucio Celli without a lawyer, without paying the required fees, and without submitting an application to proceed without prepayment.
The court gave Celli 30 days from June 16, 2025, to pay $405 or submit a signed application. That amount includes a $350 filing fee and a $55 administrative fee. No summons will issue at this time, and the order states that the action will be dismissed if Celli does not comply within the deadline.
Judge Laura Taylor Swain also stated that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not decide the underlying claims.
The detailed version
- Celli v. Lehrburger · No. 1:25-cv-04505
- Laura Swain
- June 16, 2025
Background
Lucio Celli filed this civil action pro se, meaning without a lawyer. He submitted the complaint without paying the required court fees and without submitting an application to proceed without prepaying those fees.
Fee or IFP requirement
The court stated that filing a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed in forma pauperis, meaning without prepayment of fees. The court ordered Celli, within 30 days of the order’s date, to do one of those two things. If he submits the application, it must identify docket number 1:25-CV-4505 (LTS). The court explained that if it grants the application, Celli may proceed without prepaying the fees.
Effect on the case
No summons will issue at this time. The action will be processed under the Clerk’s Office procedures if Celli complies with the order. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not address the merits of Celli’s underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.