Pedotti v. Adler
- Laura Swain
- 1:22-cv-06288
- U.S. District Court · Southern District of New York
- 4
In Pedotti v. Adler, Judge Swain ordered the plaintiff to pay fees or submit an application to proceed without prepaying them.
The order directly affects Holiday Oljii Anna Pedotti, II, who must pay the required fees or submit a signed application to proceed without prepaying them; it also delays issuance of summonses and further processing of the case.
What happened
In Pedotti v. Adler, Holiday Oljii Anna Pedotti, II, filed a civil case without paying the required fees or submitting an application to proceed without prepaying them. The order does not address the claims against Randolph K. Adler, Jr., or the other defendants.
Within 30 days, the plaintiff must either pay $402 in fees or submit a signed application showing eligibility to proceed without prepayment. No summons will issue yet, and the case will be processed if the plaintiff complies. If the plaintiff does not comply on time, the action will be dismissed.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order was dated August 10, 2022.
The detailed version
- Pedotti v. Adler · No. 1:22-cv-06288
- Laura Swain
- Aug. 10, 2022
Background
Holiday Oljii Anna Pedotti, II, brought this civil action pro se, meaning without a lawyer, against Randolph K. Adler, Jr., and other defendants. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered the plaintiff, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed IFP application. The application must identify docket number 22-CV-6288 (LTS). If the court grants the application, the plaintiff may proceed without prepaying the fees.
No summons will issue at this time. If the plaintiff complies with the order, the case will be processed under the Clerk’s Office procedures. If the plaintiff fails to comply within the allowed time, the action will be dismissed.
Appeal and Effect
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees. The order addresses payment of fees and the required application; it does not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.