Aziz v. Butt

Background

Javaid Aziz submitted the action to the U.S. District Court for the Southern District of New York by email. The caption identifies him as acting individually and as attorney-in-fact for Jamila K. Butt. The action names Neelofar K. Butt and other defendants, but this order does not describe the underlying claims.

Payment or fee-waiver application

The court explained that a civil plaintiff must either pay the required fees or submit a signed application to proceed without prepaying them. The required payment was $405, consisting of a $350 filing fee and a $55 administrative fee. Within 30 days, Aziz had to pay the fees or submit a completed and signed application to proceed without prepayment of fees, commonly called an IFP application.

The order specified payment procedures, including acceptable payment methods and the requirement that mailed payment include the docket number. If more than one plaintiff sought to proceed without prepaying fees, each plaintiff would have to submit a separate signed application.

Effect of compliance or noncompliance

The court stated that no further action would be taken, no summons would issue, and no answer would be required until payment or a completed and signed IFP application was received. If the application were granted, the plaintiff could proceed without prepaying the fees. If Aziz failed to comply within the allowed time or failed to request an extension, the action would be dismissed without prejudice to refiling.

Ruling

The court directed payment of the filing fees or submission of an IFP application; it did not decide the merits of the action. Under 28 U.S.C. § 1915(a)(3), Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied IFP status for an appeal.