Manenti v. The Government of the USA
- Laura Swain
- 1:22-cv-02292
- U.S. District Court · Southern District of New York
- 2
In Manenti v. The Government of the USA, Chief Judge Swain ordered Gisleine Cristina Manenti to pay $402 or submit an IFP application.
Gisleine Cristina Manenti, who filed the action without a lawyer, must either pay the required fees or submit a signed application to proceed without prepayment within 30 days, or the action will be dismissed.
What happened
Gisleine Cristina Manenti filed Manenti v. The Government of the USA without a lawyer, but did not pay the required fees or submit an application to proceed without prepaying them.
The court gave her 30 days to pay $402 or complete, sign, and submit the application. No summons would issue yet, and the case would be dismissed if she did not comply.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the claims’ merits.
The detailed version
- Manenti v. The Government of the USA · No. 1:22-cv-02292
- Laura Swain
- Apr. 5, 2022
Background
Gisleine Cristina Manenti brought this civil action without a lawyer. She submitted the complaint without paying the required fees and without an application to proceed without prepaying them. The court stated that the required fees were $402: a $350 filing fee plus a $52 administrative fee.
Order
The court ordered Manenti, within 30 days of the order, to either pay the $402 in fees or complete, sign, and submit an application to proceed without prepayment of fees. This type of application is commonly called an application to proceed in forma pauperis, or IFP. If the court grants the IFP application, the plaintiff may proceed without paying the fees in advance.
No summons would issue at that time. If Manenti complied, the Clerk’s Office would process the action under its regular procedures. If she failed to comply within the allotted time, the action would be dismissed.
Appeal and Scope of the Order
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed filing fees and permission to proceed without prepayment; it did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.