Rytlewski v. Government of The United States
- Louis Stanton
- 1:20-cv-08543
- U.S. District Court · Southern District of New York
- 2
In Rytlewski v. Government of The United States, Judge McMahon ordered payment or an IFP application within 30 days and postponed issuing a summons.
Robert Allen Rytlewski, who was required to pay the filing fees or submit an application to proceed without prepayment of fees.
What happened
Robert Allen Rytlewski brought Rytlewski v. Government of The United States without a lawyer, filing neither the required fees nor an application to proceed without paying fees in advance.
The court ordered Rytlewski to pay $400 or submit a signed application within 30 days. The court said the case would be processed if he complied and would be dismissed if he did not; no summons would issue yet.
Chief Judge Colleen McMahon issued the order and denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Rytlewski v. Government of The United States · No. 1:20-cv-08543
- Louis Stanton
- Oct. 22, 2020
Background
Robert Allen Rytlewski filed this civil action without a lawyer. The opinion states that he submitted the action without paying the required fees and without an application to proceed without prepaying fees.
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 prepayment of fees under 28 U.S.C. § 1915. The court gave Rytlewski 30 days from the order's date to pay the fees or submit the attached application, labeled with docket number 20-CV-8543 (CM). If the application were granted, he could proceed without prepaying fees.
The Clerk was directed to send Rytlewski a copy of the order and record service on the docket. No summons was to issue at that time. The order stated that the case would be processed under the Clerk's procedures if Rytlewski complied, and that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.