Todd v. Eisele
- Laura Swain
- 1:22-cv-06968
- U.S. District Court · Southern District of New York
- 4
In Todd v. Eisele, Judge Swain ordered pro se plaintiff Ronnie Ramael Todd to pay $402 or apply to proceed without prepaying fees within 30 days.
Ronnie Ramael Todd, the self-represented plaintiff, was required to pay the fees or submit an application to proceed without prepaying them; the action would be dismissed if he failed to comply within 30 days.
What happened
In Todd v. Eisele, Ronnie Ramael Todd filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The court explained that the total fees were $402.
The court gave Todd 30 days to either pay the fees or submit a signed application to proceed without prepaying fees. No summons would issue at that time, and the action would be dismissed if Todd did not comply.
Judge Laura Taylor Swain also ruled 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 underlying claims.
The detailed version
- Todd v. Eisele · No. 1:22-cv-06968
- Laura Swain
- Aug. 17, 2022
Background
Ronnie Ramael Todd filed this civil action without a lawyer. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court stated that proceeding with a civil action required either payment of $402—the $350 filing fee plus the $52 administrative fee—or submission of a signed IFP application. The court ordered Todd, within 30 days of the order, to do one of those two things. If Todd submitted the application, it was to identify docket number 22-CV-6968 (LTS). If the court granted the application, Todd would be permitted to proceed without prepaying the fees.
The court directed that no summons issue at that time. It stated that, if Todd complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed.
Appeal provision
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Disposition and significance
This was an administrative and procedural order concerning payment of the filing fees or submission of an IFP application. The opinion did not decide the merits of Todd’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.