Garcia v. Rebecca Minkoff LLC
- Denise Cote
- 1:22-cv-01912
- U.S. District Court · Southern District of New York
- 2
In Garcia v. Rebecca Minkoff LLC, Judge Swain ordered payment or an IFP application within 30 days, while denying IFP for any appeal.
Victoria N. Garcia and the processing of her civil action; no summons was to issue unless she complied with the order.
What happened
Victoria N. Garcia v. Rebecca Minkoff LLC began when Garcia filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Garcia, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if she did not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims against Rebecca Minkoff LLC.
The detailed version
- Garcia v. Rebecca Minkoff LLC · No. 1:22-cv-01912
- Denise Cote
- Mar. 8, 2022
Background
Victoria N. Garcia filed this civil action without a lawyer. The opinion states that she submitted the complaint without paying the required fees and without an application to proceed without prepayment of fees.
Order
The court explained that filing a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepaying fees under 28 U.S.C. §§ 1914 and 1915.
The court gave Garcia 30 days from the date of the order to pay the $402 or submit the application. If she submitted the application, it had to identify docket number 22-CV-1912 (LTS). If the court granted the application, Garcia would be allowed to proceed without prepaying the fees. No summons would issue at that time.
If Garcia did not comply within the allowed period, the action would be dismissed. The order directed the Clerk of Court to mail Garcia a copy and record service on the docket.
Appeal-fee ruling and disposition
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. The order did not reach the merits of Garcia's claims against Rebecca Minkoff LLC.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.