Pedotti v. Grand Lodge of the State of New York
- Laura Swain
- 1:22-cv-06296
- U.S. District Court · Southern District of New York
- 2
In Pedotti v. Grand Lodge, Judge Swain ordered the pro se plaintiff to pay $402 or submit an application to proceed without prepaying fees.
Holiday Oljii Anna Pedotti II, who was required to pay the filing fees or submit an application to proceed without prepaying them before the case could proceed.
What happened
In Pedotti v. Grand Lodge of the State of New York, 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 gave the plaintiff 30 days from August 23, 2022, to pay $402 or submit a signed application requesting permission to proceed without prepaying fees. The court said no summons would issue yet and warned that the action would be dismissed if the plaintiff did not comply.
Chief United States District Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not dismiss the action at that time.
The detailed version
- Pedotti v. Grand Lodge of the State of New York · No. 1:22-cv-06296
- Laura Swain
- Aug. 23, 2022
Background
Holiday Oljii Anna Pedotti II brought the action without a lawyer. The complaint was submitted without the required filing and administrative fees and without an application to proceed without prepaying fees. The court stated that proceeding without prepayment requires a signed application under 28 U.S.C. §§ 1914 and 1915.
Order
The court ordered the plaintiff, within 30 days of the order, either to pay $402—consisting of a $350 filing fee and a $52 administrative fee—or to submit the attached application to proceed without prepaying fees. If the court grants that application, the plaintiff may proceed without prepaying the fees.
No summons would issue at that time. The court stated that, if the plaintiff complied, the case would be processed under the Clerk’s Office procedures. If the plaintiff failed to comply within the allowed period, the action would be dismissed.
Appeal determination
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) 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 otherwise resolve the claims in the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.