Goldstein v. Capital One Bank, N.A.
- Paul Gardephe
- 1:22-cv-00613
- U.S. District Court · Southern District of New York
- 2
In Goldstein v. Capital One, Judge Swain ordered Goldstein to pay fees or file an application to proceed without prepayment.
Joseph Goldstein, who filed the action without a lawyer, was required to pay the fees or submit an application to proceed without prepayment within 30 days; otherwise, the action would be dismissed.
What happened
In Goldstein v. Capital One Bank (USA), N.A., Joseph Goldstein filed a civil action without paying the required fees or submitting an application to proceed without prepayment.
The court gave Goldstein 30 days to pay $402 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the case would be processed if he complied. If he did not comply, the action would be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
The detailed version
- Goldstein v. Capital One Bank, N.A. · No. 1:22-cv-00613
- Paul Gardephe
- Jan. 25, 2022
Background
Joseph Goldstein brought this civil action pro se, meaning without a lawyer. He submitted his complaint without paying the required filing fees and without submitting an application to proceed without prepayment of fees.
Court’s order
The court explained that starting a civil action required either payment of $402—$350 in filing fees and $52 in administrative fees—or a signed application requesting permission to proceed without prepayment under 28 U.S.C. § 1915.
The court ordered Goldstein, within 30 days of the order, to pay the $402 or submit the attached application. If the court granted the application, Goldstein could proceed without paying the fees in advance. The Clerk of Court was directed to mail the order to Goldstein and record service on the docket. No summons would issue at that time.
If Goldstein complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the time allowed, the action would be dismissed.
Appeal and disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed filing fees and permission to proceed without prepayment; it did not decide the merits of Goldstein’s claims against Capital One Bank (USA), N.A.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.