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S.D.N.Y.Procedural orderFiled Nov. 29, 2021

Ottah v. Verifone System Inc.

Judge
Analisa Torres
Docket
1:21-cv-09645
Court
U.S. District Court · Southern District of New York
Pages
1
Fee PetitionPro SeCivil Procedure
In one sentence

In Ottah v. Verifone System Inc., Judge Torres ordered the Clerk to return a $3 overpayment and denied fee-free status for any appeal.

Who this affects

Chikezie Ottah is to receive a $3 check for the overpayment, but may not appeal this order without paying the required fees.

What happened

In Ottah v. Verifone System Inc., Chikezie Ottah filed the case without a lawyer and paid the required court fees by check.

The required fees totaled $402, but Ottah submitted a check for $405, overpaying by $3. The court ordered the Clerk to accept the check, issue a separate $3 check, and send both checks and the order to Ottah by certified mail.

Judge Analisa Torres also ruled that any appeal would not be taken in good faith and denied Ottah permission to appeal without paying the required fees.

The detailed version

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

Case
Ottah v. Verifone System Inc. · No. 1:21-cv-09645
Judge
Analisa Torres
Date
Nov. 29, 2021

Background

Chikezie Ottah brought this civil action without a lawyer. The required court charges were $402: a $350 filing fee and a $52 administrative fee. Ottah submitted a check for $405, resulting in a $3 overpayment.

Order

The court directed the Clerk of Court to accept Ottah’s $405 check, issue a separate check for $3, and send the checks and a copy of the order to Ottah by certified mail.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. As a result, the court denied permission to appeal without paying the required fees. Judge Analisa Torres signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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