Mkrtchyan v. City of New York
- Paul Engelmayer
- 1:21-cv-11232
- U.S. District Court · Southern District of New York
- 2
In Mkrtchyan v. City of New York, Judge Swain ordered Davit Mkrtchyan to pay fees or submit a sufficient amended application.
Davit Mkrtchyan, who was required to pay the court fees or submit a sufficient amended application to proceed without prepayment.
What happened
In Mkrtchyan v. City of New York, Davit Mkrtchyan, representing himself, submitted an application asking to proceed without paying court fees. The court found that his application did not show he was unable to pay because he did not state how much money he received or expected to receive from self-employment.
The court gave Mkrtchyan 30 days to either pay $402 in filing and administrative fees or submit an amended application with facts showing he could not pay. The amended application must identify the case docket number. No summons would issue at that time.
If Mkrtchyan complied, the case would be processed under the Clerk’s Office procedures; if he did not, the action would be dismissed. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Mkrtchyan v. City of New York · No. 1:21-cv-11232
- Paul Engelmayer
- Jan. 11, 2022
Background
Davit Mkrtchyan brought this civil action representing himself. A person starting a civil action in the court must either pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying those fees. Mkrtchyan submitted such an application.
The Court’s Analysis
The court concluded that Mkrtchyan’s application did not establish that he was unable to pay. He reported receiving money from self-employment but did not state the amount received or the amount he expected to receive. He reported $1,700 in expenses and $2,000 in the bank, but the missing self-employment information prevented the court from determining whether he was unable to pay the fees.
Order
The court ordered Mkrtchyan, within 30 days, to either pay the $402 in fees or submit an amended application to proceed without prepayment of fees. The amended application must be labeled with docket number 21-CV-11232 (LTS) and address the missing information by providing facts showing that he cannot pay. If the court grants the amended application, Mkrtchyan may proceed without prepaying the fees.
The Clerk of Court was directed to mail the order to Mkrtchyan and record service on the docket. No summons would issue at that time. If Mkrtchyan complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.