Powers v. Zelenetsky and Associates
- Vincent Briccetti
- 7:21-cv-04651
- U.S. District Court · Southern District of New York
- 2
In Powers v. Zelenetsky, Judge Swain ordered Powers to pay $402 or submit an application to proceed without paying upfront.
William Raymond Powers, who filed without a lawyer, had to pay the required fees or submit an application to proceed without prepaying them. Zelenetsky and Associates and Ava Zelenetsky were not required to answer at that time.
What happened
In Powers v. Zelenetsky and Associates, William Raymond Powers 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 Powers 30 days to pay $402 or submit a signed application to proceed without prepaying fees. If he did not comply, the action would be dismissed. The defendants did not have to respond at that time.
Judge Laura Taylor Swain issued the order and stated that any appeal would not qualify for proceeding without prepaying fees because it would not be taken in good faith.
The detailed version
- Powers v. Zelenetsky and Associates · No. 7:21-cv-04651
- Vincent Briccetti
- June 8, 2021
Background
William Raymond Powers brought this civil action without a lawyer. He submitted a complaint but did not pay the required filing fees and did not submit an application to proceed without prepaying fees. The court stated that the required fees totaled $402: a $350 filing fee and a $52 administrative fee.
Order
The court ordered Powers, within 30 days, to do one of two things: pay the $402 in fees or submit a signed application to proceed without prepaying fees. The court explained that, if it granted the application, Powers could proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Powers and record service on the docket. The court stated that the defendants were not required to file an answer at that time. If Powers failed to comply within the allotted time, the action would be dismissed.
Appeal and disposition
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed filing-fee requirements and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.