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S.D.N.Y.Procedural orderFiled July 10, 2020

Utah v. Mount Sinai

Judge
Colleen McMahon
Docket
1:20-cv-04927
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Paul Utah v. Mount Sinai, Judge McMahon ordered payment of fees or an application to proceed without prepaying them within 30 days.

Who this affects

Paul Utah, the plaintiff proceeding without a lawyer; the order also affects the processing of his action against Mount Sinai.

What happened

Paul Utah sued Mount Sinai without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.

The court ordered Paul Utah, within 30 days, to pay $400 or submit a signed application to proceed without prepaying fees. No summons would issue yet, and failure to comply would result in dismissal.

Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Utah v. Mount Sinai · No. 1:20-cv-04927
Judge
Colleen McMahon
Date
July 10, 2020

Background

Paul Utah brought this civil action without a lawyer. The complaint was submitted without the required fees and without an application to proceed without prepaying fees.

Order

The court explained that starting a civil action required either payment of $400—consisting of a $350 filing fee and a $50 administrative fee—or a signed application requesting permission to proceed without prepaying fees. The court gave Paul Utah 30 days from July 10, 2020, to pay the fees or submit the application, labeled with docket number 1:20-CV-4927 (CM).

If the court granted the application, Paul Utah would be allowed to proceed without prepaying fees. No summons would issue at that time. If Paul Utah complied, the Clerk’s Office would process the action under its procedures; if he did not comply within the allowed time, the action would be dismissed.

Appeal ruling

The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Colleen McMahon signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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