Davidson v. Chisolm
- Paul Gardephe
- 1:21-cv-00656
- U.S. District Court · Southern District of New York
- 2
In Davidson v. Chisolm, Judge McMahon ordered pro se plaintiff Kerry J. Davidson to pay fees or submit an application to proceed without prepayment.
Kerry J. Davidson, who must either pay the required fees or submit an application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
In Davidson v. Chisolm, Kerry J. Davidson filed a civil lawsuit without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Davidson, within 30 days, to pay $402 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the case would be dismissed if Davidson did not comply. The court also denied permission to appeal without prepaying fees.
Chief Judge Colleen McMahon issued and signed the order on February 16, 2021.
The detailed version
- Davidson v. Chisolm · No. 1:21-cv-00656
- Paul Gardephe
- Feb. 16, 2021
Background
Kerry J. Davidson brought the action without a lawyer. Davidson submitted the complaint but did not pay the $402 required to begin a civil action in the court. That amount consisted of a $350 filing fee and a $52 administrative fee. Davidson also did not submit an application to proceed without prepaying the fees, commonly called an IFP application.
Order
The court ordered Davidson to do one of two things within 30 days of the order: pay the $402 in fees or submit a signed IFP application. If the court granted the application, Davidson would be allowed to proceed without prepaying the fees. The application was to identify docket number 21-CV-0656 (CM).
The court directed that no summons issue at that time. It stated that the case would be processed through the Clerk’s Office if Davidson complied with the order and that the action would be dismissed if Davidson did not comply within the allowed time.
Appeal and disposition
The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Chief Judge Colleen McMahon signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.