Pedotti v. Adler
- Laura Swain
- 1:22-cv-06222
- U.S. District Court · Southern District of New York
- 2
In Pedotti v. Adler, Judge Swain ordered the pro se plaintiff to pay filing fees or request permission to proceed without prepayment.
The order affects Holiday Oljii Anna Pedotti, II, whose case must satisfy the fee-payment or IFP-application requirement before it can proceed.
What happened
In Pedotti v. Adler, Holiday Oljii Anna Pedotti, II filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Pedotti, within 30 days, either to pay $402 in filing and administrative fees or to submit a signed application to proceed without prepayment. No summons would issue at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Pedotti complied and stated that the action would be dismissed if Pedotti did not comply. The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Pedotti v. Adler · No. 1:22-cv-06222
- Laura Swain
- Aug. 5, 2022
Background
Holiday Oljii Anna Pedotti, II brought the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepayment of fees, commonly called an IFP application.
Order
The court explained that proceeding with a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915.
The court ordered Pedotti to do one of those two things within 30 days of the order. If Pedotti submitted the application, it had to identify docket number 22-CV-6222 (LTS). The court stated that, if it granted the application, Pedotti could proceed without prepaying fees. No summons would issue at that time.
Disposition
Judge Laura Taylor Swain ordered that the case would be processed under the Clerk’s Office procedures if Pedotti complied. The order stated that the action would be dismissed if Pedotti failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.