Zellner v. Citigroup Global Markets Holdings, Inc.
- Andrew Carter
- 1:21-cv-02413
- U.S. District Court · Southern District of New York
- 2
In Zellner v. Citigroup, Chief Judge McMahon ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment within 30 days.
The order directly affected Korey R. Zellner by requiring payment of the filing fees or submission of an application to proceed without prepayment. Citigroup Global Markets Holdings, Inc. was the named defendant, but the order did not address the underlying claims.
What happened
In Zellner v. Citigroup Global Markets Holdings, Inc., Korey R. Zellner filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Zellner, within 30 days, to pay $400 in fees or submit the required application. No summons would issue at that time, and the action would be dismissed if Zellner did not comply.
Chief Judge Colleen McMahon also ruled that an appeal from this order would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Zellner v. Citigroup Global Markets Holdings, Inc. · No. 1:21-cv-02413
- Andrew Carter
- Mar. 23, 2021
Background
Korey R. Zellner brought this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees.
Order
The court explained that a plaintiff must either pay $400 in fees—the $350 filing fee and $50 administrative fee—or submit a signed application requesting permission to proceed without prepayment. The court ordered Zellner to do one of those things within 30 days of the order. If Zellner submitted the application, it had to identify docket number 21-CV-2413 (CM).
The court stated that if it granted the application, Zellner could proceed without prepaying fees. The Clerk of Court was directed to mail the order to Zellner and record service on the docket. No summons would issue at that time. If Zellner complied, the case would be processed under the Clerk’s Office procedures; if Zellner failed to comply within the allowed time, the action would be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for an appeal. The order did 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.