KALARICKAL v. United States
- Denise Cote
- 1:21-cv-01043
- U.S. District Court · Southern District of New York
- 2
In Kalarickal v. United States, Judge Gardephe ordered the pro se plaintiff to pay filing fees within 30 days or face dismissal.
Alexander Kalarickal, the pro se plaintiff, must pay $400 in fees within 30 days to avoid dismissal of the action.
What happened
KALARICKAL v. United States concerns Alexander Kalarickal’s request to proceed without paying the fees required to file a civil case. He submitted an application asking to proceed without prepaying those fees.
The Court of Federal Claims had denied that request, finding that he had not shown that he could not pay. The order therefore required him to pay $400 within 30 days.
Judge Paul G. Gardephe stated that the case would proceed if Kalarickal paid on time, but would be dismissed if he did not. The court also denied permission to appeal without paying fees.
The detailed version
- KALARICKAL v. United States · No. 1:21-cv-01043
- Denise Cote
- Feb. 10, 2021
Background
Alexander Kalarickal brought the action without a lawyer. The order explains that filing a civil action in the Southern District of New York requires either paying $400 in fees—$350 for filing and $50 for administration—or submitting a signed application to proceed without paying those fees in advance.
Kalarickal submitted such an application. Before the matter was transferred to the Southern District of New York, the Court of Federal Claims denied it because he had not shown that he was unable to pay or that paying would be impossible or would prevent him from filing the action.
Order
The court ordered Kalarickal to pay the $400 in fees within 30 days of the order. If he 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.
The court also certified under 28 U.S.C. § 1915(a)(3) 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.