Kneitel v. Camilo

Background

Michael J. Kneitel brought this action without a lawyer. The complaint was filed in the Eastern District of New York and then transferred to the Southern District of New York. The complaint was submitted without the required filing fees and without an application to proceed without prepayment of fees.

Order

The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepayment by submitting a signed application under 28 U.S.C. § 1915(a)(1).

The court ordered Kneitel to do one of the following within 30 days of the order: pay the $402 or submit the attached application. The order instructed him to label the application with docket number 22-CV-2047 (LTS). If the court granted the application, Kneitel could proceed without paying the fees in advance. No summons would issue at that time. If Kneitel did not comply within the allowed period, the action would be dismissed.

Appeal and Clerk’s Instructions

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for an appeal. The Clerk was directed to mail Kneitel a copy of the order and note service on the docket.

Disposition

This was a procedural order concerning payment of fees or an application to proceed without prepayment. It did not decide the claims in the complaint.