Adeniji v. Online Taxes, Inc.
- Colleen McMahon
- 1:20-cv-02405
- U.S. District Court · Southern District of New York
- 2
In Adeniji v. Online Taxes, Inc., Judge McMahon ordered the pro se plaintiff to pay fees or submit an IFP application.
Olubeyi Adeniji was required to pay the filing fees or submit an application to proceed without prepayment within 30 days; the case would be dismissed if Adeniji did not comply.
What happened
Olubeyi Adeniji filed this case against Online Taxes, Inc. without a lawyer, but did not submit the required filing fees or an application to proceed without paying them upfront.
Judge McMahon ordered Adeniji, within 30 days, to pay $400 in fees or submit a signed application to proceed without prepayment. The court said the case would be processed if Adeniji complied and dismissed if Adeniji did not.
Judge Colleen McMahon also directed that no summons issue yet and denied permission to appeal without prepaying appeal fees, finding that any appeal would not be taken in good faith.
The detailed version
- Adeniji v. Online Taxes, Inc. · No. 1:20-cv-02405
- Colleen McMahon
- Mar. 23, 2020
Background
Olubeyi Adeniji brought this action against Online Taxes, Inc. Adeniji was proceeding without a lawyer and submitted the complaint without paying the required fees or filing an application to proceed without prepayment of fees.
Order
The court explained that a civil action requires payment of $400: a $350 filing fee and a $50 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application under 28 U.S.C. § 1915.
The court ordered Adeniji, within 30 days of the order, either to pay the $400 or submit the attached application. The application was to identify docket number 20-CV-2405 (CM). If the court granted the application, Adeniji could proceed without prepaying the fees.
Other Directions and Consequences
The Clerk of Court was directed to send the order to Adeniji and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Adeniji complied, and that the action would be dismissed if Adeniji failed to comply within the allowed time.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.