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S.D.N.Y.Procedural orderFiled May 11, 2020

Marom v. Town of Greenburgh

Judge
Philip Halpern
Docket
7:20-cv-03486-PMH
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Marom v. Town of Greenburgh, Judge Halpern ordered Marom to pay filing fees or apply to proceed without prepayment, warning dismissal for noncompliance.

Who this affects

Michael Marom, who must pay the $400 filing and administrative fees or submit an application to proceed without prepaying fees within 30 days, or the action will be dismissed. The order also affects any appeal from this order by denying permission to appeal without prepaying fees.

What happened

In Marom v. Town of Greenburgh, Michael Marom filed the action without a lawyer and submitted a personal check for the filing fees. The court said it does not accept personal checks for payments.

The court gave Marom 30 days from the order to pay $400 in fees or submit a signed application to proceed without prepaying fees. If the court grants the application, Marom may proceed without paying the fees in advance. No summons would issue at that time.

Judge Philip M. Halpern ordered the Clerk of Court to mail the order to Marom and record service on the docket. The order states that the action will be dismissed if Marom does not comply, and denies permission to appeal without prepaying fees because any appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Marom v. Town of Greenburgh · No. 7:20-cv-03486-PMH
Judge
Philip Halpern
Date
May 11, 2020

Background

Michael Marom brought the action without a lawyer. The order states that a plaintiff proceeding with a civil action in the Southern District of New York must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application to proceed without prepaying fees under 28 U.S.C. §§ 1914 and 1915.

Marom submitted the complaint with a personal check for the filing fees. The court stated that it does not accept personal checks for payments.

Order

The court ordered Marom, within 30 days of the order, to do one of two things: pay the $400 in fees or submit the attached application to proceed without prepaying fees. The application was to include docket number 20-CV-3486 (PMH). The order explains that, if the court grants the application, Marom may proceed without paying the fees in advance.

The Clerk of Court was directed to mail a copy of the order to Marom and note service on the docket. No summons was to issue at that time. The order states that the action will be dismissed if Marom does not comply within the allowed time.

Appeal and disposition

Judge Philip M. Halpern certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The order therefore denies permission to appeal without prepaying fees. This order addresses payment of filing fees and the application to proceed without prepayment; it does not decide the underlying claims in the complaint.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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