Marcus v. Kavulich & Associates

Background

Sam Marcus submitted this action to the U.S. District Court for the Southern District of New York by email. The court assigned the action the listed docket number. The opinion does not address the underlying claims against Kavulich & Associates, P.C., or Gary M. Kavulich.

Payment or application to proceed without prepayment

The court explained that a civil plaintiff must either pay $405 in fees or submit a signed application to proceed without prepaying the fees, commonly called an application to proceed in forma pauperis. The $405 consists of a $350 filing fee and a $55 administrative fee.

Within 30 days after the order, Marcus must either pay the fees or complete, sign, and submit the attached application if he cannot pay them. The order gives instructions for payment by mail or in person and states that a proper payment submitted before the order will be processed.

Effect of compliance or noncompliance

The court stated that 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 application is received. If the application is granted, Marcus may proceed without prepaying the fees. If he fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling.

Appeal-related ruling

Under 28 U.S.C. § 1915(a)(3), Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appeal fees.