Dellaportas v. Equifax Information Services, LLC
- Andrew Carter
- 1:21-cv-03432
- U.S. District Court · Southern District of New York
- 2
Dellaportas v. Equifax Information Services, LLC: Judge Swain ordered the pro se plaintiff to pay filing fees or submit an application to proceed without prepayment.
John Dellaportas was required to pay $402 in fees or submit a signed application to proceed without prepayment within 30 days. The action would be dismissed without prejudice if he did not comply.
What happened
In Dellaportas v. Equifax Information Services, LLC, John Dellaportas filed a complaint without paying the required fees or submitting an application to proceed without prepaying them. The court explained that the fees total $402.
The court gave Dellaportas 30 days to either pay the fees or submit a signed application to proceed without prepayment. No summons would issue at that time, and the case would be processed if he complied.
Judge Swain ordered that the action would be dismissed without prejudice if Dellaportas did not comply within the deadline. The court also stated that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appellate fees.
The detailed version
- Dellaportas v. Equifax Information Services, LLC · No. 1:21-cv-03432
- Andrew Carter
- Apr. 23, 2021
Background
John Dellaportas brought this action without a lawyer. He filed the complaint without paying the required filing fees and without submitting an application to proceed without prepayment of fees, commonly called an IFP application.
Order
The court stated that a civil action required payment of $402: a $350 filing fee and a $52 administrative fee. Within 30 days of the order, Dellaportas had to either pay the $402 or submit a signed IFP application labeled with the case docket number. If the court granted the application, he could proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Dellaportas and record service on the docket. The court directed that no summons issue at that time. If Dellaportas complied, the Clerk's Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed without prejudice.
Additional ruling
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Disposition
The order directed payment of the filing and administrative fees or submission of an IFP application. It did not dismiss the action at that time; it stated that dismissal without prejudice would follow if Dellaportas failed to comply within the deadline.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.