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S.D.N.Y.Procedural orderFiled Dec. 21, 2020

LeDeatte v. Horizon Media

Judge
Colleen McMahon
Docket
1:20-cv-10752
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In LeDeatte v. Horizon Media, Judge McMahon ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.

Who this affects

Raven LeDeatte, who must either pay the required fees or submit an application to proceed without prepayment within 30 days; otherwise, the action will be dismissed.

What happened

In LeDeatte v. Horizon Media, Raven LeDeatte filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.

The court gave LeDeatte 30 days to pay $400 or submit a signed application requesting permission to proceed without prepaying fees. If LeDeatte did not comply, the action would be dismissed. No summons would be issued at that time.

Judge Colleen McMahon directed the Clerk to mail the order to LeDeatte and record service on the docket. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
LeDeatte v. Horizon Media · No. 1:20-cv-10752
Judge
Colleen McMahon
Date
Dec. 21, 2020

Background

Raven LeDeatte brought this action pro se, meaning without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepayment of fees.

Order

The court explained that a civil action requires payment of $400: a $350 filing fee and a $50 administrative fee. Alternatively, a plaintiff may submit a signed application under 28 U.S.C. § 1915 asking to proceed without paying the fees in advance. The court ordered LeDeatte, within 30 days of the order, to either pay the $400 or submit the attached application labeled with docket number 20-CV-10752.

If the court grants the application, LeDeatte may proceed without prepaying the fees. The Clerk of Court was directed to mail the order to LeDeatte and note service on the docket. The court stated that no summons would issue at that time and that the case would be processed under the Clerk’s procedures if LeDeatte complied. If LeDeatte failed to comply within the allowed period, the action would be dismissed.

Appeal and Disposition

Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The order therefore denied permission to appeal without prepayment of fees. This order addressed filing fees and permission to proceed without prepayment; it did not decide the underlying claims against Horizon Media.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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