Razzoli v. US Attorney
- Laura Swain
- 1:21-cv-04138
- U.S. District Court · Southern District of New York
- 2
In Razzoli v. U.S. Attorney, Judge Swain ordered Kevin Razzoli to pay $402 or submit an application to proceed without prepayment.
Kevin Razzoli, who must either pay the required fees or submit an IFP application within 30 days to avoid dismissal without prejudice to refiling.
What happened
In Razzoli v. U.S. Attorney, Kevin Razzoli filed a civil action without paying the required fees or submitting an application to proceed without paying them in advance.
The court gave Razzoli 30 days to pay $402, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed application to proceed without prepayment. If the application is granted, he may proceed without paying the fees in advance.
Judge Laura Taylor Swain directed the clerk to mail the order to Razzoli and said no summons would issue at that time. If Razzoli does not comply, the action will be dismissed without prejudice to refiling. The court also denied permission to appeal without prepaying fees.
The detailed version
- Razzoli v. US Attorney · No. 1:21-cv-04138
- Laura Swain
- May 10, 2021
Background
Kevin Razzoli brought the action pro se, meaning without a lawyer. He submitted his complaint without paying the required fees and without submitting an application to proceed without prepayment of fees, commonly called an IFP application.
Payment or IFP application
The court explained that a civil-action plaintiff must either pay $402—$350 for the filing fee and $52 for the administrative fee—or submit a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The court ordered Razzoli to do one of those things within 30 days of the order. If the court grants the IFP application, Razzoli will be allowed to proceed without paying the fees in advance.
Court’s actions
The clerk was directed to mail the order to Razzoli 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 Razzoli complied. If he failed to comply within the allowed time, the action would be dismissed without prejudice to refiling. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.