Shamilov v. City of New York
- Laura Swain
- 1:20-cv-10224
- U.S. District Court · Southern District of New York
- 2
In Shamilov v. City of New York, Chief Judge McMahon ordered Aleksandr Shamilov to pay fees or submit an application to proceed without prepayment.
Aleksandr Shamilov, whose case was conditioned on paying the required fees or submitting an application to proceed without prepayment within 30 days.
What happened
In Shamilov v. City of New York, Aleksandr Shamilov filed a civil action without paying the required fees or submitting an application to proceed without prepayment because of inability to pay.
The court stated that filing required $402 in fees: a $350 filing fee and a $52 administrative fee. Shamilov was given 30 days from the order to pay or submit the attached application. No summons would issue at that time.
Chief Judge Colleen McMahon ordered the payment or application. She stated that failure to comply within the allowed time would result in dismissal of the action, and denied permission to appeal without prepaying fees because any appeal would not be taken in good faith.
The detailed version
- Shamilov v. City of New York · No. 1:20-cv-10224
- Laura Swain
- Dec. 15, 2020
Background
Aleksandr Shamilov brought this civil action without a lawyer. He submitted the complaint without paying the required filing fees and without an application to proceed without prepayment of fees. The opinion states that the total required fees were $402: a $350 filing fee plus a $52 administrative fee.
Order
The court directed Shamilov, within 30 days of the order, either to pay the $402 in fees or to submit the attached application to proceed without prepayment of fees, commonly called an IFP application. If the court granted that application, Shamilov would be allowed to proceed without paying the fees in advance. The application was to include docket number 20-CV-10224 (CM).
The Clerk of Court was directed to mail the order to Shamilov 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 Shamilov complied, but that the action would be dismissed if he did not comply within the permitted time.
Appeal provision and disposition
Chief United States District 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 appeal without prepaying fees. The order therefore directed Shamilov to pay the fees or submit the IFP application; it did not decide the underlying claims in the lawsuit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.