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S.D.N.Y.Procedural orderFiled Apr. 27, 2021

Zarour v. U.S. Bank, N.A.

Judge
Laura Swain
Docket
1:21-cv-02928
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Zarour v. U.S. Bank, N.A., Judge Swain ordered Simon Zarour to pay filing fees or submit an application to proceed without prepayment.

Who this affects

Simon Zarour, who filed the action without a lawyer, was required to pay the filing fees or submit an application to proceed without prepayment of fees.

What happened

In Zarour v. U.S. Bank, N.A., Simon Zarour filed a civil action without paying the required fees or submitting an application to proceed without prepayment of fees.

The court gave Zarour 30 days from April 27, 2021, to pay $402 or submit a signed application. No summons would issue at that time, and the action would be dismissed if he did not comply.

Judge Laura Taylor Swain also ruled that any appeal from the order would not qualify for proceeding without prepaying appeal fees because it would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Zarour v. U.S. Bank, N.A. · No. 1:21-cv-02928
Judge
Laura Swain
Date
Apr. 27, 2021

Background

Simon Zarour brought this civil action without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepayment of fees. The court stated that the required fees were $402: a $350 filing fee and a $52 administrative fee.

Order

The court ordered Zarour, within 30 days of the order, to either pay the $402 in fees or submit a signed application to proceed without prepayment of fees. The application was to identify docket number 21-CV-2928 (LTS). If the court granted the application, Zarour would be permitted to proceed without paying the fees in advance.

The Clerk of Court was directed to mail the order to Zarour and record service on the docket. No summons would issue at that time. If Zarour complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.

Appeal and effect

The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed payment or fee-waiver requirements; it did not decide the underlying claims against the defendants.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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