Xu v. Apple USA
- Laura Swain
- 1:21-cv-00770
- U.S. District Court · Southern District of New York
- 2
In Xu v. Apple USA, Chief Judge McMahon ordered Xu to pay the fees or submit an application to proceed without prepayment.
Jiahong Xu, who was required to pay the $400 fee or submit an application to proceed without prepayment within 30 days; the underlying claims against Apple USA were not decided.
What happened
In Xu v. Apple USA, Jiahong Xu filed a civil complaint against Apple USA without paying the required fees or submitting an application to proceed without prepayment. The opinion says Xu was representing himself.
The court gave Xu 30 days to pay $400 in fees or submit a signed application asking to proceed without paying them first. The court said no summons would issue yet, and that the action would be dismissed if Xu did not comply.
Chief Judge Colleen McMahon directed the Clerk of Court to mail the order to Xu and record service. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith. The court did not decide the underlying claims.
The detailed version
- Xu v. Apple USA · No. 1:21-cv-00770
- Laura Swain
- Feb. 1, 2021
Background
Jiahong Xu filed a civil action against Apple USA without paying the required filing fees and without submitting an application to proceed without prepayment of fees. The opinion states that Xu was representing himself.
Court’s 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 request permission to proceed without paying fees in advance by submitting a signed application under 28 U.S.C. § 1915.
The court ordered Xu, within 30 days of the order, to either pay the $400 or submit the attached application. If the application were granted, Xu would be allowed to proceed without prepaying the fees. The application was to identify docket number 21-CV-00770 (CM).
The Clerk of Court was directed to mail the order to Xu and record service on the docket. No summons was to issue at that time. The order stated that the case would be processed under the Clerk’s procedures if Xu complied, but that the action would be dismissed if Xu did not comply within the allowed period.
Disposition
Chief Judge Colleen McMahon issued an order directing payment of the fee or submission of an application to proceed without prepayment. The court did not rule on the merits of Xu’s claims against Apple USA. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.