Kelemen v. Olah
- Laura Swain
- 1:22-cv-00566
- U.S. District Court · Southern District of New York
- 2
In Kelemen v. Olah, Chief Judge Swain ordered payment of filing fees or an application to proceed without prepayment.
Arpad Kelemen, 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 Kelemen v. Olah, Arpad Kelemen filed a civil action without paying the required fees or submitting an application to proceed without prepayment. The opinion states that Kelemen was representing himself.
The court ordered Kelemen, within 30 days, to pay $402 in fees or submit a signed application to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if he did not comply.
The clerk was directed to mail the order to Kelemen and record service. Chief Judge Laura Taylor Swain also denied permission to proceed without prepayment for any appeal from this order.
The detailed version
- Kelemen v. Olah · No. 1:22-cv-00566
- Laura Swain
- Feb. 7, 2022
Background
Arpad Kelemen filed this civil action without paying the required filing and administrative fees and without submitting an application to proceed without prepayment of fees. The opinion states that Kelemen was proceeding without a lawyer.
Order
The court explained that a plaintiff must either pay $402 in fees—$350 for filing and $52 for administration—or submit a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The court ordered Kelemen to do one of those things within 30 days of the order. If the court grants the application, Kelemen may proceed without paying the fees in advance.
The clerk was directed to mail Kelemen a copy of the order and note service on the docket. The court directed that no summons issue at that time. If Kelemen complies, the case will be processed under the clerk’s procedures; if he does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepayment of fees for an appeal. This order did not decide the underlying claims against Emese Olah.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.