Paravas v. Long Tran
- Alison Nathan
- 1:21-cv-00807
- U.S. District Court · Southern District of New York
- 2
In Paravas v. Long Tran, Judge McMahon ordered the pro se plaintiff to pay $402 or submit an application to proceed without prepaying fees within 30 days.
Trisha Paravas, who filed the action without a lawyer and had not paid the required fees or submitted an application to proceed without prepaying them.
What happened
Paravas v. Long Tran concerns a civil action filed by Trisha Paravas without the required filing fees or an application to proceed without prepaying them. The court explained that starting a civil action required payment of $402 or submission of a signed application requesting permission to proceed without prepayment.
The court gave Paravas 30 days to pay the $402 or complete and submit the application, identified with the case number. No summons would issue at that time. If Paravas did not comply within the deadline, the action would be dismissed; if she did comply, the case would be processed under the Clerk’s Office procedures.
Judge Colleen McMahon ordered the Clerk to mail the order to Paravas and record service on the docket. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Paravas v. Long Tran · No. 1:21-cv-00807
- Alison Nathan
- Feb. 16, 2021
Background
Trisha Paravas brought this action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees. The court stated that the required fees were $402 total: a $350 filing fee and a $52 administrative fee.
Order
The court directed Paravas, within 30 days of the order, to do one of two things: pay the $402 in fees, or complete, sign, and submit the attached application to proceed without prepayment of fees, commonly called an IFP application. The application was to identify docket number 1:21-CV-0807 (CM). The court explained that, if it granted the application, Paravas could proceed without paying the fees in advance.
No summons was to issue at that time. If Paravas complied with the order, the action would be processed under the Clerk’s Office procedures. If she failed to comply within the allowed time, the action would be dismissed.
Additional ruling
The court directed the Clerk of Court to mail Paravas a copy of the order and note service on the docket. It 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 proceed without prepaying fees for purposes of an appeal.
Disposition
The court entered an order directing payment of fees or submission of an IFP application; it did not issue a summons at that stage. The order was signed by Chief United States District Judge Colleen McMahon.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.