Lavi v. BNP Paribas Brach
- Laura Swain
- 1:22-cv-06922
- U.S. District Court · Southern District of New York
- 2
In Lavi v. BNP Paribas Brach, Judge Swain ordered the pro se plaintiff to pay $402 or request permission to proceed without prepaying fees within 30 days.
Pierre Lavi, who must either pay the required fees or submit an application to proceed without prepaying them within 30 days; the case would be dismissed if he did not comply.
What happened
In Lavi v. BNP Paribas Brach, Pierre Lavi filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Lavi 30 days to pay $402 or submit a signed application for permission to proceed without prepaying fees. No summons would issue at that time, and the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also stated that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appeal fees.
The detailed version
- Lavi v. BNP Paribas Brach · No. 1:22-cv-06922
- Laura Swain
- Aug. 15, 2022
Background
Pierre Lavi brought this civil action without a lawyer. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees.
Order
The court explained that filing a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepaying fees, commonly called an IFP application. The court ordered Lavi, within 30 days of the order, to pay the fees or submit the application labeled with the case’s docket number. If the court granted the application, Lavi could proceed without prepaying the fees.
No summons would issue at that time. The case would be processed through the Clerk’s Office if Lavi complied, but the action would be dismissed if he failed to comply within the allowed time.
Appeal-related ruling
The court certified under federal law that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Disposition and significance
This order addressed filing-fee and fee-waiver requirements. It did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.