Zhu v. Driscoll
- Laura Swain
- 1:25-cv-04893
- U.S. District Court · Southern District of New York
- 2
In Zhu v. Driscoll, Judge Swain ordered Plaintiff to pay the filing fees or submit an IFP application within 30 days.
Yin Xu Zhu, whose civil action cannot proceed unless the $405 in fees are paid or a completed and signed IFP application is submitted within the allowed time.
What happened
In Zhu v. Driscoll, Yin Xu Zhu submitted a civil action by email against Daniel P. Driscoll, and the court assigned it docket number 25-CV-4893 (LTS).
The court explained that a civil case may proceed only after the plaintiff pays $405 in fees or submits a signed application to proceed without paying the fees in advance. The court will take no further action and will not issue a summons until one of those requirements is met.
Judge Laura Taylor Swain ordered Plaintiff to pay the fees or submit a completed and signed application within 30 days of June 17, 2025. If Plaintiff does not comply or request more time, the action will be dismissed without prejudice to refiling. The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Zhu v. Driscoll · No. 1:25-cv-04893
- Laura Swain
- June 17, 2025
Background
Yin Xu Zhu submitted this civil action to the Southern District of New York by email against Daniel P. Driscoll. The court assigned the action docket number 25-CV-4893 (LTS).
Fee or IFP requirement
Federal law requires a plaintiff starting a civil action either to pay the filing and administrative fees or to request permission to proceed without prepaying them. The total fees identified in the order are $405: a $350 filing fee and a $55 administrative fee. A request to proceed without prepaying fees is made through a signed application commonly called an application to proceed in forma pauperis, or IFP.
Order
The court ordered Plaintiff, within 30 days of the order, to either pay the $405 in fees or submit a completed and signed IFP application. The order states that no further action will be taken, and no summons will issue or answer will be required, until the fees are paid or a completed and signed application is received. If the court grants the IFP application, Plaintiff may proceed without prepaying the fees.
If Plaintiff fails to comply within the allowed time, or fails to request an extension of time, the action will be dismissed without prejudice to refiling. The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.