Gladyshev v. Shea
- Louis Stanton
- 1:20-cv-04085
- U.S. District Court · Southern District of New York
- 2
In Gladyshev v. Shea, Judge McMahon ordered Eduard Gladyshev to pay fees or request a fee waiver within 30 days, or the action would be dismissed.
Eduard Gladyshev was required to pay the fees or submit an application to proceed without prepaying them. NYHA Corp. could not proceed through Gladyshev without a lawyer. The action could be dismissed if the required submission was not made within 30 days.
What happened
In Gladyshev v. Shea, Eduard Gladyshev filed the case without paying the required fees or submitting an application to proceed without paying them in advance. NYHA Corp. was also listed as a plaintiff, but the complaint was signed only by Gladyshev.
The court ordered Gladyshev, within 30 days, to pay $400 or submit a signed application to proceed without prepaying fees. The court also stated that Gladyshev could not represent NYHA Corp. without a lawyer. No summons would issue at that time, and the case would be processed if he complied.
Judge McMahon stated that failure to comply would result in dismissal of the action. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Gladyshev v. Shea · No. 1:20-cv-04085
- Louis Stanton
- June 1, 2020
Background
Eduard Gladyshev filed this action without a lawyer. The complaint listed NYHA Corp. as a plaintiff, but Gladyshev alone signed it. The complaint was submitted without the required filing and administrative fees and without an application to proceed without prepaying fees.
Court’s Analysis
The court explained that a civil action requires payment of $400 in fees—$350 for filing and $50 for administration—or a signed application requesting permission to proceed without prepaying those fees. The court also explained that a corporation cannot appear in federal court without a lawyer and that a person proceeding without a lawyer cannot represent another party. Accordingly, Gladyshev could not appear without a lawyer on NYHA Corp.’s behalf.
Order and Effect
The court gave Gladyshev 30 days from the date of the order to pay the $400 or submit the attached application, labeled with docket number 20-CV-4085 (CM). If the application were granted, he would be permitted to proceed without prepaying the fees. The Clerk was directed to mail the order to him and record service on the docket. No summons would issue at that time. If Gladyshev did not comply within the allowed period, the action would be dismissed. The court also certified that an appeal 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.