Adeniji v. New York City Police
- Louis Stanton
- 1:21-cv-00664
- U.S. District Court · Southern District of New York
- 2
In Adeniji v. New York City Police, Judge McMahon ordered payment or a fee-waiver application within 30 days before the case could proceed.
Olusevi Adeniji, who was required to pay the court fees or submit an application to proceed without prepaying them within 30 days to avoid dismissal without prejudice.
What happened
In Adeniji v. New York City Police, Olusevi Adeniji filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Adeniji 30 days to pay $402 or submit a signed application showing that he sought permission to proceed without prepaying fees. No summons would issue yet, and the case would be processed if he complied; otherwise, the action would be dismissed without prejudice to refiling.
Judge Colleen McMahon also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Adeniji v. New York City Police · No. 1:21-cv-00664
- Louis Stanton
- Jan. 25, 2021
Background
Olusevi Adeniji brought this civil action without a lawyer. He submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepaying fees. The opinion states that the total required payment was $402: a $350 filing fee and a $52 administrative fee.
Order
The court ordered Adeniji, within 30 days of the order, either to pay the $402 or submit the attached signed application to proceed without prepaying fees. The application was to identify docket number 21-CV-664 (CM). If the court granted that application, Adeniji could proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Adeniji and record service on the docket. No summons was to issue at that time. If Adeniji complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the allowed time, the action would be dismissed without prejudice to refiling.
Appeal-related ruling
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 merits of the underlying action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.