Moskovits v. Bank of America N.A.

Background

Alexander Moskovits brought the action without a lawyer. He submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepayment of fees.

Order

The court explained that starting a civil action required either payment of $400—consisting of a $350 filing fee and a $50 administrative fee—or a signed application requesting permission to proceed without prepayment under 28 U.S.C. § 1915. The court ordered Moskovits, within 30 days of the order, to pay the fees or submit the application labeled with the case’s docket number.

The court stated that, if it granted the application, Moskovits could proceed without prepaying the fees. If he complied with the order, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the action would be dismissed. No summons would issue at that time. The Clerk was directed to mail the order to Moskovits and record service on the docket.

Appeal-related ruling

Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Disposition

The court ordered Moskovits to pay the required fees or submit an application to proceed without prepayment. The opinion does not say that the action had already been dismissed.