Benloss v. Federal Deposit Insurance Corporation

Background

Jayson Benloss submitted this civil action to the U.S. District Court for the Southern District of New York by email. The opinion does not state what claims Benloss brings against the Federal Deposit Insurance Corporation, Travis Hill, or Kent Bergey.

Fee or IFP requirement

The court explained that a plaintiff starting a civil action must either pay the required fees or request permission to proceed without paying them in advance. The court ordered Benloss, within 30 days of the order, to do one of the following:

- Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or - Complete, sign, and submit an application to proceed without prepaying fees, commonly called an IFP application.

The order gave instructions for paying by mail or in person. It also stated that no further action would be taken, no summons would issue, and no defendant would be required to answer until the fees were paid or a completed and signed IFP application was received. If the court granted the application, Benloss would be permitted to proceed without prepaying the fees.

Disposition

The court did not decide the underlying claims. It ordered Benloss to pay the fees or submit the IFP application within the specified period. If he failed to comply or failed to request an extension, the action would be dismissed without prejudice to refiling. Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.