Natural-Unido v. Broad. Corp. Does
- Laura Swain
- 1:21-cv-05586
- U.S. District Court · Southern District of New York
- 2
In Natural-Unido v. Broad. Corp. Does, Judge Swain ordered payment or an IFP application before the case could proceed.
The plaintiff, who must either pay the required fees or submit an application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
In Natural-Unido v. Broad. Corp. Does, the plaintiff filed the action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave the plaintiff 30 days to pay $402 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if the plaintiff did not comply.
Judge Swain also denied permission to proceed without prepaying fees for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Natural-Unido v. Broad. Corp. Does · No. 1:21-cv-05586
- Laura Swain
- July 9, 2021
Background
The plaintiff brought the action without a lawyer. The plaintiff did not pay the required filing and administrative fees and did not submit an application to proceed without prepaying fees. The court explained that proceeding without prepayment requires a signed application under 28 U.S.C. §§ 1914 and 1915.
Order
The court ordered the plaintiff, within 30 days of the order, to either pay $402 in fees or submit the attached application to proceed without prepayment. The application had to identify docket number 21-CV-5586 (LTS). If the court granted the application, the plaintiff could proceed without prepaying the fees.
The Clerk of Court was directed to mail the order to the plaintiff and record service on the docket. No summons would issue at that time. If the plaintiff complied, the case would be processed under the Clerk’s Office procedures; if the plaintiff did not comply within the allowed period, the action would be dismissed.
Appeal and disposition
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain therefore issued a procedural order addressing fees and the application to proceed without prepayment; the opinion did not decide the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.