Evans v. Absolute Results
- Lorna Schofield
- 1:21-cv-00280
- U.S. District Court · Southern District of New York
- 2
In Evans v. Absolute Results, Judge McMahon ordered Dallas X. Evans to pay fees or submit an application to proceed without prepayment.
Dallas X. Evans, who must pay the required fees or submit an application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
Dallas X. Evans, representing himself, filed this case without paying the required fees or submitting an application to proceed without prepayment of fees.
The court ordered Evans, within 30 days, to either pay $402 in fees or submit a signed application to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if he did not comply.
Chief Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to proceed without prepayment of fees for an appeal.
The detailed version
- Evans v. Absolute Results · No. 1:21-cv-00280
- Lorna Schofield
- Jan. 13, 2021
Background
Dallas X. Evans brought the action representing himself. 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 plaintiff must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application requesting permission to proceed without prepayment. The court ordered Evans to do one of those things within 30 days of the order. If he submitted the application, he was instructed to label it with docket number 21-CV-280.
No summons would issue at that time. If Evans complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepayment of fees for an appeal.
Disposition
This order did not decide the underlying claims against Absolute Results. It directed Evans to pay the required fees or submit an application to proceed without prepayment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.