Pedotti v. Putin
- Laura Swain
- 1:22-cv-06220
- U.S. District Court · Southern District of New York
- 2
In Pedotti v. Putin, Judge Swain ordered the pro se plaintiff to pay fees or submit an IFP application within 30 days, or the action will be dismissed.
The pro se plaintiff, whose case must satisfy the fee-payment or IFP-application requirement before it will be processed; the action will be dismissed if the plaintiff does not comply within 30 days.
What happened
In Holiday Oljii Anna Pedotti, II v. Putin et al., the plaintiff filed a civil action without paying the required fees or submitting an application to proceed without paying them upfront.
Judge Swain ordered the plaintiff, within 30 days, to either pay $402 in fees or submit a signed application to proceed without prepaying fees. No summons will be issued while the plaintiff complies with this order.
Judge Laura Taylor Swain said the action will be dismissed if the plaintiff does not comply on time. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Pedotti v. Putin · No. 1:22-cv-06220
- Laura Swain
- Sept. 6, 2022
Background
The plaintiff brought this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed in forma pauperis (IFP), meaning to proceed without paying the fees upfront.
Order
The court explained that filing a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The plaintiff must, within 30 days of the order, pay the $402 or submit the attached IFP application labeled with docket number 22-CV-6220 (LTS).
No summons will issue at this time. If the plaintiff complies, the Clerk’s Office will process the case under its usual procedures. If the plaintiff does not comply within the allowed period, the action will be dismissed.
Appeal
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 IFP status for purposes of an appeal.
Disposition
Judge Laura Taylor Swain directed the plaintiff to pay the fees or submit an IFP application within 30 days. The order 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.