Friedman v. Goldberg

Background

Chaim M. Friedman submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court stated that a plaintiff must either pay the required fees or request permission to proceed without prepaying them through a signed application to proceed in forma pauperis (IFP).

Order

The court ordered Friedman, within 30 days of the order, to either pay $405 or submit a completed and signed IFP application. The $405 consists of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule. The order provides payment instructions, including that mailed payment must be by money order or certified check, payable to the Clerk of the U.S. District Court for the Southern District of New York, and include the docket number.

No further action will be taken, no summons will issue, and no answer will be required until the fees are paid or a completed and signed IFP application is received. If the court grants the IFP application, Friedman may proceed without prepaying the fees. If proper payment had already been submitted, the case will proceed once the payment is processed.

Disposition

Judge Laura Taylor Swain ordered payment of the fees or submission of an IFP application. She stated that if Friedman fails to comply within the allowed time, or fails to request an extension, 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.