Simon v. New York Common Pantry
- Colleen McMahon
- 1:19-cv-10627
- U.S. District Court · Southern District of New York
- 2
In Simon v. New York Common Pantry, Judge McMahon ordered the pro se plaintiff to pay fees or file an IFP application within 30 days.
Robert Simon, whose case could proceed only after he paid the required fees or submitted an IFP application; the action would be dismissed if he did neither within 30 days.
What happened
In Simon v. New York Common Pantry, Robert Simon filed a civil action without paying the required fees or submitting an application to proceed without prepayment.
The court gave Simon 30 days from November 19, 2019, to pay $400 or submit a signed application to proceed without prepayment of fees. No summons would issue at that time, and the action would be dismissed if he did not comply.
Judge Colleen McMahon directed the Clerk to mail the order and process the case if Simon complied. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Simon v. New York Common Pantry · No. 1:19-cv-10627
- Colleen McMahon
- Nov. 19, 2019
Background
Robert Simon filed this civil action without a lawyer. He submitted the complaint without paying the required fees and without filing an application to proceed without prepayment of fees, commonly called an IFP application.
Court’s Order
The court explained that filing a civil action required either payment of $400—consisting of a $350 filing fee and a $50 administrative fee—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915.
The court ordered Simon, within 30 days of the order’s date, to pay the $400 or submit the attached IFP application labeled with the case number. If the court granted the application, Simon could proceed without prepaying the fees. If he failed to comply within the allowed time, the action would be dismissed. No summons would issue at that time.
Other Directions and Disposition
Judge Colleen McMahon directed the Clerk of Court to assign the matter to her docket, mail Simon a copy of the order, and record service on the docket. She certified that any appeal from the order would not be taken in good faith and denied IFP status for an appeal.
The order addressed filing-fee and IFP requirements; it did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.