Kehmeier v. Atlas Air, Inc.
- Vincent Briccetti
- 7:20-cv-04191
- U.S. District Court · Southern District of New York
- 2
In Kehmeier v. Atlas Air, Judge McMahon ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Thomas Kehmeier, who was required to pay $400 or submit a signed application to proceed without prepaying fees within 30 days; the action would be dismissed if he did not comply.
What happened
In Kehmeier v. Atlas Air, Inc., Thomas Kehmeier filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The court also noted that he was representing himself.
The court gave Kehmeier 30 days to pay $400 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the case would be processed if he complied; otherwise, the action would be dismissed.
Judge Colleen McMahon directed the Clerk to mail the order to Kehmeier and stated that any appeal would not be taken in good faith, so permission to appeal without prepaying fees was denied. The order did not decide the underlying claims against Atlas Air, Inc.
The detailed version
- Kehmeier v. Atlas Air, Inc. · No. 7:20-cv-04191
- Vincent Briccetti
- June 2, 2020
Background
Thomas Kehmeier brought the action without a lawyer. He submitted the complaint without paying the filing and administrative fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that a plaintiff must either pay $400 in fees—$350 for filing and $50 for administration—or submit a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The court ordered Kehmeier, within 30 days, to choose one of those options. If the court granted his application, he could proceed without prepaying the fees.
The Clerk was directed to mail Kehmeier a copy of the order and record service on the docket. No summons would issue at that time. If Kehmeier complied, the Clerk's Office would process the case under its procedures; if he did not comply within the allowed time, the action would be dismissed.
Appeal and effect
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Colleen McMahon's order addressed filing requirements and did not reach the merits of Kehmeier's claims against Atlas Air, Inc.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.