Bressler v. Wolf
- Edgardo Ramos
- 1:20-cv-04665
- U.S. District Court · Southern District of New York
- 2
In Bressler v. Wolf, Chief Judge McMahon ordered pro se petitioners to pay fees or submit applications to proceed without prepayment.
Michael R. Bressler and Ashmanie Bressler, who were required to pay the case fees or each submit an application to proceed without prepayment within 30 days; either petitioner who failed to comply would be dismissed as a party.
What happened
In Bressler v. Wolf, Michael R. Bressler and Ashmanie Bressler filed a petition asking the court to order government officials to act, but they did not pay the required fees or submit applications to proceed without prepayment.
The court gave each petitioner 30 days to pay the total $400 fee or submit a signed application to proceed without prepayment. If either petitioner failed to comply, that petitioner would be dismissed from the case. The court also directed the Clerk to mail the order, and no summons would issue at that time.
Chief Judge Colleen McMahon ordered the petitioners to satisfy the payment or application requirement and denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Bressler v. Wolf · No. 1:20-cv-04665
- Edgardo Ramos
- July 8, 2020
Background
Michael R. Bressler and Ashmanie Bressler filed a petition for a writ of mandamus without a lawyer. The opinion identifies Chad Wolf, Secretary of the Department of Homeland Security, and Tim Houghton, Acting Director of the New York District Office of United States Citizenship and Immigration Services, as the respondents.
The petitioners submitted the petition without paying the required filing and administrative fees and without submitting applications to proceed without prepayment of fees.
Court’s Order
The court directed the petitioners, within 30 days of the order, either to pay $400 in fees—$350 for filing and $50 for administration—or for each petitioner to submit a signed application to proceed without prepayment of fees. The applications were to identify docket number 20-CV-4665 (CM). If the court granted the applications, the petitioners could proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to the petitioners and record service on the docket. No summons was to issue at that time. If the petitioners complied, the case would be processed under the Clerk’s Office procedures. If either petitioner failed to comply within the allowed time, that petitioner would be dismissed as a party.
Appeal-Related Ruling
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. Chief United States District Judge Colleen McMahon signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.