Kiss v. Kenny
- Cathy Seibel
- 7:22-cv-10663
- U.S. District Court · Southern District of New York
- 2
In Kiss v. Kenny, Judge Swain ordered Daniel Kiss to pay $402 or submit an application to proceed without prepaying fees.
Daniel Kiss’s case will not proceed to summons and further processing unless he pays the required fees or submits the required application within 30 days; the order also concerns any appeal from this order.
What happened
Kiss v. Kenny concerns Daniel Kiss’s lawsuit, which he filed without a lawyer. He did not pay the required fees or submit an application to proceed without prepaying them.
The court gave Daniel Kiss 30 days to pay $402 or submit a signed application to proceed without prepaying fees. No summons will issue at this time.
Judge Laura Taylor Swain ordered that the case will be processed if Daniel Kiss complies; otherwise, the action will be dismissed. She also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Kiss v. Kenny · No. 7:22-cv-10663
- Cathy Seibel
- Dec. 19, 2022
Background
Daniel Kiss filed this civil action without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees.
Court’s Order
The court explained that a plaintiff must either pay $402— consisting of a $350 filing fee and a $52 administrative fee—or submit a signed application requesting permission to proceed without prepaying fees. The court ordered Daniel Kiss to do one of those things within 30 days of the order. If he submits the application, it must identify docket number 22-CV-10663 (LTS).
No summons will issue at this time. If Daniel Kiss complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for the purpose of an appeal.
Disposition
The court entered an order directing payment of fees or submission of an application to proceed without prepaying fees; 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.