Fabela v. New York Power Authority
- Philip Halpern
- 7:20-cv-10358
- U.S. District Court · Southern District of New York
- 2
In Fabela v. New York Power Authority, Judge McMahon ordered payment or an application to proceed without fees within 30 days.
Genevieve D. Fabela, who was required to pay the fees or submit an application to proceed without prepaying them before the case could proceed.
What happened
In Fabela v. New York Power Authority, Genevieve D. Fabela filed a civil case without a lawyer but did not pay the required fees or submit an application to proceed without paying them.
The court ordered Fabela, within 30 days, either to pay $402 or submit a signed application to proceed without prepaying fees. The court said no summons would issue yet and warned that failing to comply would result in dismissal without prejudice.
Chief Judge Colleen McMahon issued the order on December 15, 2020. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Fabela v. New York Power Authority · No. 7:20-cv-10358
- Philip Halpern
- Dec. 15, 2020
Background
Genevieve D. Fabela brought the action without a lawyer. She submitted a complaint but did not submit the required filing fees or an application to proceed without prepaying fees.
Order
The court explained that starting a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application requesting permission to proceed without prepaying fees. Within 30 days after the order, Fabela was required to take one of those two steps. If the court granted the application, she could proceed without prepaying the fees.
The Clerk of Court was directed to mail the order to Fabela and record service on the docket. No summons was to issue at that time. The court stated that, if Fabela complied, the case would be processed under the Clerk’s Office procedures. If she did not comply within the allowed time, the action would be dismissed without prejudice, meaning it could be filed again.
Appeal and disposition
Chief Judge Colleen McMahon certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims against the New York Power Authority or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.