Blitz v. BLDG Management Co., Inc.
- Ronnie Abrams
- 1:20-cv-05462
- U.S. District Court · Southern District of New York
- 2
In Blitz v. BLDG Management Co., Judge McMahon ordered pro se plaintiff Richard J. Blitz to pay fees or submit an application to proceed without prepayment.
Richard J. Blitz must either pay $400 or submit an application to proceed without prepaying fees within 30 days. If he does not comply, the action will be dismissed; no summons issues at this time.
What happened
In Blitz v. BLDG Management Co., Richard J. Blitz filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Blitz 30 days to pay $400 or submit the provided application. If the court approves the application, he may proceed without paying the fees in advance. No summons will issue yet.
Judge Colleen McMahon ordered the clerk to send Blitz the order and warned that the action will be dismissed if he does not comply on time. The court also denied fee-free status for any appeal from this order.
The detailed version
- Blitz v. BLDG Management Co., Inc. · No. 1:20-cv-05462
- Ronnie Abrams
- July 17, 2020
Background
Richard J. Blitz filed this civil action without a lawyer. He submitted a complaint but did not pay the required filing and administrative fees and did not submit an application asking to proceed without paying fees in advance.
Order
The court explained that filing a civil action required either payment of $400— consisting of a $350 filing fee and a $50 administrative fee—or a signed application to proceed without prepaying fees. The court ordered Blitz, within 30 days of the order, to either pay the fees or submit the attached application labeled with docket number 20-CV-5462. If the court grants the application, Blitz may proceed without prepaying the fees.
The court directed the clerk to mail Blitz a copy of the order and record service on the docket. It directed that no summons issue at that time. The order states that the action will be dismissed if Blitz does not comply within the allowed time; if he complies, the case will be processed under the clerk's procedures. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the underlying claims against the defendants.
Disposition
Judge Colleen McMahon ordered Blitz to pay the fees or submit an application to proceed without prepayment within 30 days. The order did not grant or deny the application because none had been submitted.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.