Thompson v. Nissan North America Incorporated
- Colleen McMahon
- 1:20-cv-08599
- U.S. District Court · Southern District of New York
- 2
In Thompson v. Nissan North America, Chief Judge McMahon ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Mario A. Thompson, who was required to pay the $400 in fees or submit an application to proceed without prepayment within 30 days; the action could be dismissed if he failed to comply.
What happened
In Thompson v. Nissan North America Incorporated, Mario A. Thompson filed a civil action without paying the required fees or submitting an application to proceed without prepayment of fees.
The court gave Thompson 30 days to pay $400, consisting of a $350 filing fee and a $50 administrative fee, or submit the attached application. The court said no summons would issue at that time.
Chief Judge Colleen McMahon ordered the Clerk to mail the order to Thompson and stated that the case would be processed if he complied; otherwise, the action would be dismissed. She also denied permission to appeal without prepaying fees.
The detailed version
- Thompson v. Nissan North America Incorporated · No. 1:20-cv-08599
- Colleen McMahon
- Nov. 2, 2020
Background
Mario A. Thompson brought the action without a lawyer. The opinion states that he submitted the complaint without paying the required fees and without an application to proceed without prepayment of fees. The defendants are listed in the caption as “NISSA NORTH AMERICA INCORPORATED, et al.”
Court’s Order
The court explained that starting a civil action required either payment of $400 in fees—a $350 filing fee and a $50 administrative fee—or a signed application to proceed without prepayment of fees, commonly called an IFP application. The court ordered Thompson, within 30 days of the order, to choose one of those options. If the court granted the application, Thompson would be allowed to proceed without paying the fees in advance.
The Clerk was directed to mail Thompson 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 Office procedures if Thompson complied, and that the action would be dismissed if he did not 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 opinion does not decide the merits of Thompson’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.