Genao v. The City of New York
- Laura Swain
- 1:22-cv-10472
- U.S. District Court · Southern District of New York
- 2
In Genao v. The City of New York, Judge Swain ordered Genao to pay fees or request permission to proceed without prepaying them within 30 days.
Antonio Genao, who was required to pay the case fees or submit an application to proceed without prepaying them; the action would be dismissed if he did neither within 30 days.
What happened
In Genao v. The City of New York, Antonio Genao filed a civil case without paying the required fees or submitting an application to proceed without prepaying them. The order states that Genao is representing himself.
The court gave Genao 30 days to pay $402 in filing and administrative 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 he did not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the claims' merits.
The detailed version
- Genao v. The City of New York · No. 1:22-cv-10472
- Laura Swain
- Dec. 12, 2022
Background
Antonio Genao filed this civil action without paying the required fees and without submitting an application to proceed without prepaying fees. The opinion states that Genao is proceeding without a lawyer.
Order
The court explained that beginning a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application to proceed in forma pauperis, meaning without prepayment of fees. The court ordered Genao, within 30 days of the order, to pay the fees or submit the attached application. If he submitted the application, it had to include docket number 22-CV-10472 (LTS). If the court granted the application, Genao would be allowed to proceed without prepaying fees.
No summons would issue at that time. If Genao complied, the Clerk's Office would process the case under its procedures. If he did not comply within the permitted time, the action would be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing-fee and application requirements; it did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.