Zubair v. Bank of America
- Louis Stanton
- 1:20-cv-01308
- U.S. District Court · Southern District of New York
- 2
In Zubair v. Bank of America, Judge McMahon vacated the dismissal and judgment after confirming Zubair paid filing fees, reopening the action.
Ahmed Husain Zubair’s case was reopened after the court confirmed payment of the filing fee. Bank of America and the other defendants remain parties to the action, and the underlying claims were not decided in this order.
What happened
In Ahmed Husain Zubair v. Bank of America, et al., the court had ordered Zubair to pay the $400 filing fee or submit a completed amended request to proceed without paying fees.
The court had dismissed the complaint without prejudice after it appeared that neither requirement was completed. Zubair later stated that he had paid the fee, and the court confirmed that he paid it on March 16, 2020.
Judge Colleen McMahon ordered the Clerk to vacate the April 27 dismissal and judgment and reopen the case. The court also denied payment-free status for any appeal from this order.
The detailed version
- Zubair v. Bank of America · No. 1:20-cv-01308
- Louis Stanton
- May 11, 2020
Background
On February 24, 2020, the court directed Ahmed Husain Zubair to either pay the $400 filing fee required to bring a civil action or submit a completed amended application to proceed without paying the fee. The court dismissed the complaint without prejudice on April 27, 2020, because it appeared that Zubair had not paid the fee or filed the amended application.
On May 6, 2020, the court received a letter from Zubair stating that he had paid the fee on March 16, 2020. The court later confirmed that he had paid the required $400.
Ruling
The court directed the Clerk to vacate the April 27, 2020 order and judgment and reopen the action for further proceedings. The order did not decide the underlying claims against Bank of America or the other defendants. The court also certified that an appeal from this order would not be taken in good faith and denied payment-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.