Celli v. Weingarten
- Laura Swain
- 1:25-cv-06652
- U.S. District Court · Southern District of New York
- 4
In Celli v. Weingarten, Judge Swain ordered Lucio Celli to pay $405 or apply to proceed without prepaying fees.
Lucio Celli must either pay the $405 in fees or submit an IFP application within 30 days. The case will not proceed to summons issuance unless he complies, and the action will be dismissed if he does not.
What happened
In Celli v. Weingarten, Lucio Celli filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Celli is representing himself.
The court ordered Celli, within 30 days, to pay $405 or submit a signed application to proceed without prepaying fees. No summons will issue yet, and the case will be processed if he complies; otherwise, the action will be dismissed. The court also denied fee-free status for any appeal from this order.
Judge Laura Taylor Swain issued the order on August 19, 2025. The order addressed filing requirements and did not decide the claims against the defendants.
The detailed version
- Celli v. Weingarten · No. 1:25-cv-06652
- Laura Swain
- Aug. 19, 2025
Background
Lucio Celli brought this civil action without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Court’s order
The court explained that proceeding with a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915.
Within 30 days of the order, Celli must either pay the $405 or submit the attached IFP application. If the court grants the application, he may proceed without prepaying the fees. The application must identify docket number 25-CV-6652 (LTS).
No summons will issue at this time. If Celli complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied IFP status for purposes of an appeal.
Effect of the order
This order concerns payment of filing fees and the application to proceed without prepaying them. It does not resolve the underlying claims or defenses in Celli’s case. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.