Page v. Ellenoff Grossman & Schole LLP
- Valerie Caproni
- 1:22-cv-04453
- U.S. District Court · Southern District of New York
- 2
In Page v. Ellenoff Grossman & Schole LLP, Judge Swain ordered payment or an IFP application within 30 days before the case could proceed.
Joseph Page, who was required to either pay $402 or submit a signed application to proceed without prepaying fees within 30 days; the case could be dismissed if he did not comply.
What happened
In Page v. Ellenoff Grossman & Schole LLP, Joseph Page filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Page, who was representing himself, to pay $402 or submit a signed application to proceed without prepaying fees within 30 days. The court said no summons would issue yet and warned that the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court did not decide the underlying claims.
The detailed version
- Page v. Ellenoff Grossman & Schole LLP · No. 1:22-cv-04453
- Valerie Caproni
- May 31, 2022
Background
Joseph Page brought this civil action representing himself. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that filing a civil action required either payment of a $350 filing fee plus a $52 administrative fee, for a total of $402, or a signed application to proceed without prepaying fees. The court ordered Page to do one of those things within 30 days and instructed him to label any application with docket number 22-CV-4453 (LTS).
No summons would issue at that time. The court stated that, if Page complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed period, the action would be dismissed.
Appeal ruling
The court 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 appeal without prepaying fees. The order did not address the merits of Page’s claims against Ellenoff Grossman & Schole LLP.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.