Zarour v. JP Morgan Chase Bank
- Laura Swain
- 1:21-cv-03566
- U.S. District Court · Southern District of New York
- 2
In Zarour v. JP Morgan Chase Bank, Judge Swain ordered payment or an application to proceed without fees, warning that noncompliance would lead to dismissal.
Simon Zarour, who was required to pay $402 or submit a signed application to proceed without prepaying fees within 30 days; failure to comply would result in dismissal of the action.
What happened
In Zarour v. JP Morgan Chase Bank, Simon Zarour filed the case without paying the required fees or submitting an application to proceed without paying them in advance. The order does not address the claims against JP Morgan Chase Bank or any other defendant.
The court gave Zarour 30 days to either pay $402 or submit a signed application explaining why he should be allowed to proceed without prepaying fees. No summons would be issued at that time, and the case would be processed if he complied. If he did not comply, the action would be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Zarour v. JP Morgan Chase Bank · No. 1:21-cv-03566
- Laura Swain
- Apr. 28, 2021
Background
Simon Zarour brought the action without a lawyer. He submitted a complaint but did not pay the required filing and administrative fees and did not submit 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 a signed application under 28 U.S.C. § 1915 requesting permission to proceed without prepaying those fees. The court ordered Zarour, within 30 days, to pay the $402 or submit the application. If the application were granted, he could proceed without prepaying the fees.
The Clerk was directed to mail the order to Zarour and record service on the docket. No summons would issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Zarour complied, but that the action would be dismissed if he did not comply within the permitted time.
Appeal
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) 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. The order did not decide the merits of Zarour’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.