Gonzalez v. Apttus Corporation
- Colleen McMahon
- 1:21-cv-01194
- U.S. District Court · Southern District of New York
- 2
In Gonzalez v. Apttus Corporation, Judge McMahon ordered Gonzalez to pay $402 or submit an application to proceed without prepaying fees within 30 days.
Yanira Gonzalez, 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
Gonzalez v. Apttus Corporation concerns an action filed by Yanira Gonzalez without a lawyer. Gonzalez submitted the complaint without paying the required fees or applying to proceed without prepaying them.
The court ordered Gonzalez, within 30 days, to either pay $402 or submit a signed application to proceed without prepayment of fees. The court said no summons would issue at that time and warned that the action would be dismissed if Gonzalez did not comply.
Judge Colleen McMahon also ruled that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Gonzalez v. Apttus Corporation · No. 1:21-cv-01194
- Colleen McMahon
- Feb. 18, 2021
Background
Yanira Gonzalez filed this action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepayment of fees, commonly called an IFP application.
Order
The court explained that starting a civil action required payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, Gonzalez could request permission to proceed without prepaying those fees by submitting a signed IFP application under 28 U.S.C. § 1915(a)(1).
The court ordered Gonzalez to pay the $402 or submit the IFP application within 30 days of the order. If Gonzalez submitted the application and the court granted it, Gonzalez could proceed without prepaying the fees. No summons would issue at that time. The court stated that the action would be processed under the Clerk’s Office procedures if Gonzalez complied, but that the action would be dismissed if Gonzalez failed to comply within the allowed period.
Appeal and disposition
The court 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 an appeal. Judge Colleen McMahon 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.