Phadnis v. Tata America International Corporation
- Valerie Caproni
- 1:20-cv-06657
- U.S. District Court · Southern District of New York
- 2
In Phadnis v. Tata America International Corporation, Judge McMahon ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Pankaj Kumudchandra Phadnis, who was ordered to pay the required fees or submit an application to proceed without prepayment within 30 days.
What happened
Phadnis v. Tata America International Corporation concerns a complaint filed by Pankaj Kumudchandra Phadnis without the required filing fees or an application to proceed without prepaying them.
The court gave Phadnis 30 days to pay $400.00 in fees or submit a signed application to proceed without prepayment. The court said no summons would issue at that time and warned that the action would be dismissed if he did not comply.
Judge McMahon directed the Clerk of Court to mail the order to Phadnis and record service. The court also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Phadnis v. Tata America International Corporation · No. 1:20-cv-06657
- Valerie Caproni
- Aug. 26, 2020
Background
Pankaj Kumudchandra Phadnis filed this civil action without paying the required fees and without submitting an application to proceed without prepayment of fees. The opinion states that Phadnis was proceeding without a lawyer.
Order
The court explained that filing a civil action required either payment of $400.00—consisting of a $350.00 filing fee and a $50.00 administrative fee—or a signed application under 28 U.S.C. § 1915 to proceed without prepaying the fees. The court ordered Phadnis, within 30 days of the order, to pay the fees or submit the attached application. If the application were granted, he would be allowed to proceed without prepayment.
The Clerk of Court was directed to mail the order to Phadnis and note service on the docket. No summons was to issue at that time. The court stated that the action would be processed under the Clerk’s Office procedures if Phadnis complied, and that the action would be dismissed if he failed to comply within the allowed time.
Appeal
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 appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.