Diawara v. Experian Information Solutions

Background

Aboubacar Diawara submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court assigned the action docket number 26-CV-7085 (LTS). The opinion does not address the factual or legal merits of Diawara’s claims against Experian Information Solutions, Inc.

Order

The court explained that a plaintiff must either pay the required fees or request permission to proceed without prepaying them. The total required payment is $405, consisting of a $350 filing fee and a $55 administrative fee. Within 30 days of the order, Diawara must either pay the fees or complete, sign, and submit the attached application to proceed without prepayment of fees.

The order provides payment instructions, including that mailed payments must be made by money order or certified check, payable to the Clerk of the U.S. District Court for the Southern District of New York, and must include the docket number. Personal checks are not accepted. The order also cautions that the publicly available fee-waiver application should not include complete financial account numbers.

Effect of Noncompliance

The court stated that no further action would be taken, and no summons would issue or answer would be required, until payment or a completed and signed fee-waiver application was received. If Diawara complies, the Clerk’s Office will process the case. If the court grants the application, Diawara may proceed without prepaying fees. If he does not comply within the allowed time and does not 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 and denied permission to proceed without prepaying fees for an appeal.