Adams v. Citigroup Global Markets Holdings Inc.
- Lorna Schofield
- 1:21-cv-02270
- U.S. District Court · Southern District of New York
- 2
In Adams v. Citigroup Global Markets Holdings Inc., Judge McMahon ordered pro se plaintiffs to pay fees or submit applications to proceed without prepayment.
Dennis Eric Adams, Sr., James Riley Adams, and Dennis Eric Adams, Jr. had to pay the required fees or submit completed applications within 30 days to avoid dismissal of their action. The order also affected any attempted appeal by denying permission to appeal without prepaying fees.
What happened
In Adams v. Citigroup Global Markets Holdings Inc., Dennis Eric Adams, Sr., James Riley Adams, and Dennis Eric Adams, Jr. filed a civil complaint without paying the required fees or submitting applications to proceed without prepayment. The plaintiffs were representing themselves.
The court ordered each plaintiff, within 30 days, either to pay $402 in fees or submit a completed application to proceed without prepayment. If the court approves those applications, the plaintiffs may continue without paying the fees in advance.
Judge Colleen McMahon also ordered that no summons issue yet and stated that the case would be processed if the plaintiffs comply. If they do not comply on time, the action will be dismissed. The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Adams v. Citigroup Global Markets Holdings Inc. · No. 1:21-cv-02270
- Lorna Schofield
- Mar. 16, 2021
Background Dennis Eric Adams, Sr., James Riley Adams, and Dennis Eric Adams, Jr. sued Citigroup Global Markets Holdings Inc. The opinion states that the plaintiffs brought the action without lawyers. They submitted the complaint without paying the required fees and without submitting applications to proceed without prepayment of fees.
Order The court explained that starting a civil action in the Southern District of New York generally requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead, a plaintiff may request permission to proceed without paying those fees in advance by submitting a signed application. This procedure is authorized by 28 U.S.C. §§ 1914 and 1915.
The court gave each plaintiff 30 days from March 16, 2021, to do one of two things: pay the $402 in fees or submit a fully completed application to proceed without prepayment. The applications were to identify docket number 21-CV-2270 (CM). The court stated that, if it grants the applications, the plaintiffs may proceed without prepaying the fees.
Other procedural directions and disposition No summons was to issue at that time. If the plaintiffs comply with the order, the case will be processed under the Clerk’s Office procedures. If they fail to comply within the allowed time, the action will be dismissed.
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 purposes of an appeal. The opinion does not decide the underlying claims against Citigroup Global Markets Holdings Inc.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.