Ramirez v. Jenner & Block LLP
- Laura Swain
- 1:21-cv-04674
- U.S. District Court · Southern District of New York
- 2
In Ramirez v. Jenner & Block LLP, Judge Swain ordered Edgar-Raul Ramirez to pay fees or submit an application to proceed without prepaying them within 30 days.
Edgar-Raul Ramirez was required to pay the fees or submit an application to proceed without prepayment within 30 days; the case could be dismissed if he did not comply.
What happened
Ramirez v. Jenner & Block LLP began when Edgar-Raul Ramirez filed a civil complaint without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Ramirez was representing himself.
The court ordered Ramirez, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without prepayment. The court said the case would be dismissed if he did not comply, and no summons would issue at that time.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal from this order would not be taken in good faith. The order did not address the claims’ merits.
The detailed version
- Ramirez v. Jenner & Block LLP · No. 1:21-cv-04674
- Laura Swain
- June 4, 2021
Background
Edgar-Raul Ramirez filed this civil action without paying the required fees and without submitting an application to proceed without prepayment of fees. The opinion states that Ramirez proceeded without a lawyer and that only he signed the complaint.
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 submission of a signed application under 28 U.S.C. § 1915 to proceed without prepaying fees. The court gave Ramirez 30 days from the order’s date to take one of those actions.
The court directed the Clerk of Court to mail Ramirez the order and record service on the docket. It stated that no summons would issue at that time. If Ramirez complied, the Clerk’s Office would process the case under its procedures; if he did not comply within the allowed time, the action would be dismissed.
Appeal-related ruling
The court 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 an appeal. The order did not decide the underlying claims against Jenner & Block LLP or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.