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S.D.N.Y.Procedural orderFiled Jan. 25, 2023

Marom v. Town of Greenburgh

Judge
Laura Swain
Docket
1:23-cv-00232
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Marom v. Town of Greenburgh, Judge Swain ordered payment or an application to proceed without paying fees within 30 days, and no summons issued.

Who this affects

Michael Marom, who must either pay $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; the order also affects any attempted appeal by denying IFP status for that appeal.

What happened

In Marom v. Town of Greenburgh, Michael Marom filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without paying them upfront.

The court gave Marom 30 days to pay $402 in filing and administrative fees or submit a signed application providing financial information. The order stated that the case would be dismissed if he did not comply, and that no summons would issue at that time.

Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that any appeal from this order would not be taken in good faith. The order did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Marom v. Town of Greenburgh · No. 1:23-cv-00232
Judge
Laura Swain
Date
Jan. 25, 2023

Background

Michael Marom filed this civil action without a lawyer. The opinion states that 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 ordered Marom, within 30 days of January 25, 2023, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed IFP application. The application requested information about employment, income, assets, expenses, dependents, and debts. If the court grants the application, Marom may proceed without paying the fees upfront.

No summons was to issue at that time. The order stated that, if Marom complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the allowed period, the action would be dismissed.

Appeal and Disposition

The court certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain’s order addressed filing requirements and did not reach the merits of the underlying claims.

Classification

This is a procedural order because it addressed payment of filing fees and an application to proceed without prepayment, rather than deciding the underlying dispute.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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