Donmez v. NYC Department of Consumer Affairs

Background Ibrahim Donmez brought a notice of removal without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees.

Fee or application requirement The court explained that a civil action requires payment of $400: a $350 filing fee and a $50 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application under 28 U.S.C. § 1915.

The court ordered Donmez, within 30 days of the order, to either pay the $400 or submit the attached application. If he submitted the application, he was instructed to label it with docket number 20-CV-5586 (CM). The court stated that, if it granted the application, Donmez would be allowed to proceed without prepaying fees.

Ruling and next steps Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail the order to Donmez and note service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Donmez complied, but that the action would be dismissed if he failed to comply within the allowed time.

The court also 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 appeal without prepaying fees. The order addressed filing requirements and did not decide the underlying dispute.