Petroceli v. IronFX
- Colleen McMahon
- 1:21-cv-01210
- U.S. District Court · Southern District of New York
- 1
In Domingos PetrocelT v. IronFX, Judge McMahon dismissed the complaint without prejudice because the plaintiff neither requested a fee waiver nor paid the filing fee.
The plaintiff's complaint was dismissed without prejudice after he did not submit the required fee-waiver application or pay the $402 filing fee. The court also denied fee-waiver status for an appeal.
What happened
In Domingos Lugao PetrocelT v. IronFX, the court had ordered the plaintiff to submit a request to proceed without paying filing fees or pay the required filing fee.
The plaintiff did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Petroceli v. IronFX · No. 1:21-cv-01210
- Colleen McMahon
- Mar. 15, 2021
Background
By an order dated February 10, 2021, the court directed Plaintiff to either submit a completed application to proceed without paying filing fees or pay the $402 fee required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
The court found that Plaintiff had neither filed the application nor paid the fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to mail the order to Plaintiff and record service on the docket.
Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court consequently denied Plaintiff permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.