Kellier v. Acosta
- Laura Swain
- 1:21-cv-03923
- U.S. District Court · Southern District of New York
- 2
In Kellier v. Acosta, Judge Swain ordered Joshua Kellier to pay the filing fees or submit an application to proceed without prepayment.
Joshua Kellier must either pay the required fees or submit a signed IFP application within 30 days. The defendants have not been summoned, and the case will not proceed under the Clerk’s Office procedures unless Kellier complies.
What happened
Joshua Kellier filed Kellier v. Acosta without paying the required fees or submitting an application to proceed without prepayment of fees. The court gave him 30 days to pay $402 or submit a signed application.
No summons will issue yet. If Kellier complies, the Clerk’s Office will process the case; if he does not, the action will be dismissed. The court also denied permission to appeal without prepaying fees.
Judge Laura Taylor Swain issued this procedural order and did not decide the claims’ merits.
The detailed version
- Kellier v. Acosta · No. 1:21-cv-03923
- Laura Swain
- May 12, 2021
Background
Joshua Kellier filed the action without a lawyer. He did not pay the filing fees or submit an application to proceed without prepayment of fees, commonly called an IFP application.
Order
The court ordered Kellier, within 30 days of the order, either to pay the required fees or submit a signed IFP application labeled with docket number 21-CV-3923 (LTS). The order states that the fees are $400 in one sentence, described as a $350 filing fee plus a $52 administrative fee, but later directs Kellier to pay $402. The $350 and $52 amounts add up to $402.
If the court grants the IFP application, Kellier may proceed without paying the fees in advance. No summons will issue at this time. If Kellier complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the allowed time, the action will be dismissed.
Other Ruling
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not address the merits of Kellier’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.