Labib v. Citigroup Global Markets Holdings Inc.

Background

Magdy Labib brought the action without a lawyer. He submitted the complaint but did not pay the required fees and did not submit an application asking to proceed without prepaying fees.

Court’s Order

The court explained that starting a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead of paying, a plaintiff may submit a signed application requesting permission to proceed without prepayment of fees under 28 U.S.C. § 1915.

The court ordered Labib, within 30 days of the order, to either pay the $402 or submit the attached application. If the court grants the application, Labib may proceed without prepaying the fees. The application was to identify docket number 21-CV-2658 (LTS).

The Clerk of Court was directed to mail the order to Labib and record service on the docket. The court directed that no summons issue at that time. The order stated that the case would be processed if Labib complied and that the action would be dismissed if he failed to comply within the allowed period.

Appeal and Disposition

Judge Laura Taylor Swain certified 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. This order addressed the filing-fee requirement and did not decide the underlying claims against Citigroup Global Markets Holdings Inc.