Mai v. Citigroup Global Markets Holdings Inc.
- George Daniels
- 1:20-cv-11129
- U.S. District Court · Southern District of New York
- 2
In Mai v. Citigroup, Chief Judge McMahon ordered Ivan Mai to pay fees or submit an application to proceed without prepayment.
Ivan Mai, who was required to pay the filing fees or submit an application to proceed without prepayment; the case would be dismissed without prejudice if he failed to comply within 30 days.
What happened
In Mai v. Citigroup Global Markets Holdings Inc., pro se plaintiff Ivan Mai filed a complaint without paying the required fees or submitting an application to proceed without prepayment of fees.
The court ordered Mai, within 30 days, to either pay $402 in filing and administrative fees or submit a signed application requesting permission to proceed without prepayment. The court also directed that no summons issue at that time and stated that failure to comply would result in dismissal without prejudice.
Chief United States District Judge Colleen McMahon issued the order on January 5, 2021. She also denied permission to proceed without prepayment of fees for any appeal from the order, finding that such an appeal would not be taken in good faith.
The detailed version
- Mai v. Citigroup Global Markets Holdings Inc. · No. 1:20-cv-11129
- George Daniels
- Jan. 5, 2021
Background
Ivan Mai brought this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application asking to proceed without prepayment of those fees.
Order
The court explained that filing a civil action required payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, Mai could submit a signed application to proceed without prepayment under 28 U.S.C. § 1915. The court gave Mai 30 days from the order to take one of those steps.
If Mai submitted the application and the court granted it, he could proceed without prepaying the fees. The Clerk of Court was directed to mail the order to Mai and record service on the docket. No summons was to issue at that time. The order stated that failure to comply within the permitted time would result in dismissal without prejudice, meaning the dismissal would not bar refiling.
Appeal and disposition
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepayment of fees for purposes of an appeal. Chief United States District Judge Colleen McMahon did not decide the underlying claims against Citigroup Global Markets Holdings Inc.; the order addressed only the filing-fee or fee-waiver requirement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.