Sudder v. J.P. Morgan Chase Bank
- Laura Swain
- 1:21-cv-02843
- U.S. District Court · Southern District of New York
- 2
In Sudder v. J.P. Morgan Chase Bank, Chief Judge McMahon ordered the pro se plaintiff to pay fees or submit an IFP application within 30 days.
Jean Marie Carozza Sudder, who was required to pay the fees or submit an application to proceed without prepayment within 30 days.
What happened
In Sudder v. J.P. Morgan Chase Bank, Jean Marie Carozza Sudder 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 Sudder, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without prepayment. The application had to include the case number.
Chief Judge McMahon directed the Clerk to send the order to Sudder and said no summons would issue yet. The case would be processed if Sudder complied, but the action would be dismissed if she did not; the court also denied permission to appeal without prepaying fees.
The detailed version
- Sudder v. J.P. Morgan Chase Bank · No. 1:21-cv-02843
- Laura Swain
- Apr. 8, 2021
Background
Jean Marie Carozza Sudder filed the action pro se, meaning without a lawyer. The opinion states that she submitted the complaint without paying the required fees and without an application to proceed without prepayment of fees.
Order
The court explained that starting a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepayment under 28 U.S.C. § 1915. The court gave Sudder 30 days from the order to do one of those things. If she submitted the application, it had to be labeled with docket number 21-CV-2843. The court stated that, if it granted the application, Sudder could proceed without prepaying the fees.
Disposition
The court directed the Clerk to mail the order to Sudder and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Sudder complied, and that the action would be dismissed if she failed to comply within the allowed time. Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.