Vernon-Hunt v. Guzman
- Alison Nathan
- 1:20-cv-04755
- U.S. District Court · Southern District of New York
- 2
In Vernon-Hunt v. Guzman, Chief Judge McMahon ordered payment or a fee-waiver application within 30 days, warning that noncompliance would lead to dismissal.
James David Vernon-Hunt must either pay the required fees or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. Carlos Guzman and US Bancorp Investment Inc. are the named respondents.
What happened
Vernon-Hunt v. Guzman concerns James David Vernon-Hunt’s petition to vacate an arbitration award under the Federal Arbitration Act. He filed the petition without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Vernon-Hunt to pay $400 or submit a signed application to proceed without prepaying fees within 30 days. The order stated that no summons would issue at that time and that the case would be processed if he complied.
Chief Judge McMahon stated that the action would be dismissed if Vernon-Hunt did not comply. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Vernon-Hunt v. Guzman · No. 1:20-cv-04755
- Alison Nathan
- July 7, 2020
Background
James David Vernon-Hunt, representing himself, filed a petition under the Federal Arbitration Act seeking to vacate an arbitration award. Carlos Guzman and US Bancorp Investment Inc. are named as respondents. Vernon-Hunt submitted the petition without paying the required $400 in filing and administrative fees and without submitting an application to proceed without prepaying fees.
Order
The court directed Vernon-Hunt, within 30 days of the order, either to pay $400 or submit a signed application to proceed without prepaying fees. The order explained that the $400 consists of a $350 filing fee and a $50 administrative fee. If the court grants the application, Vernon-Hunt may proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Vernon-Hunt and record service on the docket. No summons was to issue at that time. The order stated that the case would be processed under the Clerk’s Office procedures if Vernon-Hunt complied, but that the action would be dismissed if he failed to comply within the permitted time.
Appeal-related ruling
The court 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 proceed without prepaying fees for an appeal.
Disposition
The court entered an order directing payment of fees or submission of an application to proceed without prepaying fees. It did not decide whether the arbitration award should be vacated.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.