Mertiri v. Volatility Shares LLC

Background

Erguis Mertiri submitted this civil action to the Southern District of New York by email. The court explained that beginning a civil action requires either payment of $405 in fees or a signed application requesting permission to proceed without prepaying those fees. The $405 consists of a $350 filing fee and a $55 administrative fee.

Order

The court ordered Plaintiff, within 30 days of the order, either to pay the $405 or to complete, sign, and submit the attached application to proceed without prepayment of fees. The order provided instructions for paying by mail or in person. 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 Plaintiff complies, the case will be processed under the Clerk’s Office procedures. If the court grants the application, Plaintiff may proceed without prepaying fees. The court also stated that if Plaintiff fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling.

Appeal

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal.

Disposition

Judge Laura Taylor Swain directed Plaintiff to pay the required fees or submit the required application within 30 days. The order did not decide the underlying claims against the defendants.