Salaverria v. American Airlines Inc.
- Laura Swain
- 1:21-cv-09272
- U.S. District Court · Southern District of New York
- 2
In Salaverria v. American Airlines, Judge Swain ordered payment or an IFP application within 30 days or the case would be dismissed.
Alex Alfonso Salaverria, whose case was conditioned on paying the $402 filing fee or submitting an application to proceed without paying it; the action could be dismissed if he did not comply.
What happened
In Salaverria v. American Airlines Inc., Alex Alfonso Salaverria said he had submitted an application to avoid paying the filing fee, but the court confirmed it was not included with his complaint.
The court ordered Salaverria to pay the $402 filing fee or submit the attached application to proceed without paying it within 30 days. The court said the case would proceed through the Clerk’s Office if he complied and would be dismissed if he did not.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for an appeal. The order did not decide the underlying claims against American Airlines Inc. or Alaska Airlines Group.
The detailed version
- Salaverria v. American Airlines Inc. · No. 1:21-cv-09272
- Laura Swain
- Jan. 26, 2022
Background
On December 9, 2021, the court directed Plaintiff Alex Alfonso Salaverria to pay $402 in filing fees or submit an application to proceed without paying those fees. The deadline was 30 days.
On January 24, 2022, the court received a letter from Salaverria stating that he believed he had submitted an application with his complaint. He also suggested that unidentified people might have diverted his paperwork. The court confirmed that no such application had been submitted with the complaint.
Order
The court directed Salaverria to pay the $402 filing fee or submit the attached application within 30 days of the order. If he 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 under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. As a result, it denied permission to proceed without paying fees for an appeal. The Clerk was directed to mail the order to Salaverria and record service on the docket.
Effect of the Order
This was a procedural order about the filing fee or an application to proceed without paying it. It did not address the underlying claims against American Airlines Inc. or Alaska Airlines Group. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.