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S.D.N.Y.Procedural orderFiled May 11, 2021

Razzoli v. Black Lives Matter & Members

Judge
Laura Swain
Docket
1:21-cv-04145
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Razzoli v. Black Lives Matter & Members, Judge Swain required Kevin Razzoli to pay fees or submit an IFP application before proceeding.

Who this affects

Kevin Razzoli must either pay $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; the action will be dismissed if he does not comply.

What happened

In Razzoli v. Black Lives Matter & Members, Kevin Razzoli filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.

The court gave Razzoli 30 days to pay $402 in fees or submit a signed application to proceed without prepayment. No summons would issue at that time.

Judge Laura Taylor Swain ordered the Clerk of Court to mail the order to Razzoli and stated that the action would be dismissed if he did not comply. The court also denied permission to appeal without prepaying fees.

The detailed version

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

Case
Razzoli v. Black Lives Matter & Members · No. 1:21-cv-04145
Judge
Laura Swain
Date
May 11, 2021

Background

Kevin Razzoli brought this civil action without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.

The Court’s Order

The court explained that filing a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application to proceed without prepayment of fees. The court gave Razzoli 30 days from the date of the order to take one of those steps. If he submitted the application, it had to identify docket number 21-CV-4145 (LTS).

The court stated that, if it granted the application, Razzoli would be allowed to proceed without prepaying the fees. No summons would issue at that time. The Clerk of Court was directed to mail Razzoli a copy of the order and record service on the docket. If Razzoli complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed.

Ruling and Effect

Judge Laura Taylor Swain directed Razzoli to pay the fees or submit the application within 30 days. The order did not decide the claims against the defendants. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

The authoritative version

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

Open opinion PDF →
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