Quaglia v. Flynn
- Laura Swain
- 1:22-cv-06240
- U.S. District Court · Southern District of New York
- 2
In Quaglia v. Flynn, Judge Swain ordered pro se plaintiff Quaglia to pay $402 or request permission to proceed without prepaying fees within 30 days.
Frank M. Quaglia, the self-represented plaintiff whose case could be dismissed if he did not pay the required fees or submit the required application within 30 days.
What happened
In Quaglia v. Flynn, Frank M. Quaglia filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Quaglia 30 days to pay $402, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed application to proceed without prepaying fees. No summons would issue at that time.
Judge Laura Taylor Swain ordered that the case would be processed under the Clerk’s Office procedures if Quaglia complied, but the action would be dismissed if he did not. The court also denied permission to appeal without prepaying fees.
The detailed version
- Quaglia v. Flynn · No. 1:22-cv-06240
- Laura Swain
- July 27, 2022
Background
Frank M. Quaglia brought the action without a lawyer. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees. The opinion does not describe the claims or address their merits.
The Court’s Order
The court explained that a civil-action plaintiff must either pay $402— a $350 filing fee plus a $52 administrative fee—or submit a signed application requesting permission to proceed without prepaying fees. The court gave Quaglia 30 days from the order’s date to do one of those two things. If he submitted the application, it had to identify docket number 22-CV-6240 (LTS).
No summons would issue at that time. If Quaglia complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the action would be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Disposition
Judge Laura Taylor Swain entered an order directing payment of the fee or submission of an application to proceed without prepaying fees. This was an administrative and case-processing order, not a decision on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.