Xu v. Apple USA
- Laura Swain
- 1:21-cv-00770
- U.S. District Court · Southern District of New York
- 2
In Xu v. Apple USA, Judge McMahon gave pro se plaintiff Jiahong Xu 30 days to pay fees or submit a complete application to proceed without prepayment.
Jiahong Xu, who was required to pay $400 or submit a complete application to proceed without prepayment of fees; the case would be dismissed if he did not comply within 30 days.
What happened
In Xu v. Apple USA, Jiahong Xu filed a complaint without paying the required fees or submitting a complete application to proceed without prepayment. Xu was representing himself.
The court previously ordered Xu to pay the fees or submit the application. Xu then submitted an incomplete application missing its signature page. The court gave him one final opportunity to comply.
Judge McMahon ordered Xu, within 30 days, to pay $400 or submit a signed, complete application. No summons would issue at that time, and the court denied fee-free status for any appeal from this order. If Xu did not comply, the action would be dismissed.
The detailed version
- Xu v. Apple USA · No. 1:21-cv-00770
- Laura Swain
- Apr. 1, 2021
Background
Jiahong Xu filed a complaint against Apple USA without paying the required filing fees or submitting an application to proceed without prepayment of fees. Xu was representing himself. The court had previously directed him to either pay the fees or submit the application. Xu submitted an incomplete application that lacked the signature page.
Order
The court granted Xu a final opportunity to comply. Within 30 days of the order, Xu had to either pay $400 in fees or submit a complete, signed application labeled with docket number 21-CV-00770 (CM). If the court granted the application, Xu would be allowed to proceed without paying the fees in advance. The clerk was directed to mail the order to Xu and record service on the docket. No summons would issue at that time.
Effect
The action was not dismissed by this order. The court stated that the action would be dismissed if Xu failed to comply within the allowed time. Judge McMahon also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.