Lapin v. Doe

Background

Joshua A. Lapin brought the action against John Doe “23rd St.” and John Doe “Greenville Sender.” The opinion states that Lapin was representing himself. To proceed with a civil action in the Southern District of New York, a plaintiff must either pay $402 in filing and administrative fees or submit a signed application to proceed without paying fees in advance, commonly called an IFP application.

Lapin submitted an online payment of $402. The court found that online payment was not an acceptable payment method.

Court’s action

The court directed the Clerk of Court to return Lapin’s online payment. It directed Lapin to submit the $402 using an acceptable payment method within 30 days of the order. The order lists acceptable methods including a certified bank check or money order, cash or credit card paid in person, and a wire transfer using the court’s instructions. Alternatively, Lapin may submit an IFP application.

Result and effect

The court did not dismiss the action in this order. Instead, it stated that if Lapin does not, within 30 days, either pay the fees using an acceptable method or submit an IFP application, the action will be dismissed without prejudice to refiling. 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 and denied fee-waiver status for an appeal. Judge Laura Taylor Swain signed the order on May 27, 2022.