Henryx v. Radhakrishnan
- Laura Swain
- 1:23-cv-00627
- U.S. District Court · Southern District of New York
- 4
In Henryx v. Radhakrishnan, Chief Judge Swain ordered Christopher A. Henryx to pay filing fees or request permission to proceed without prepayment.
Christopher A. Henryx must either pay the required $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; the underlying claims were not decided.
What happened
In Henryx v. Radhakrishnan, Christopher A. Henryx filed a civil action without paying the required fees or submitting an application to proceed without paying them upfront.
The court gave Henryx 30 days to pay $402 or submit a signed application showing that he cannot afford the fees. The court also directed that no summons be issued yet.
Chief Judge Laura Taylor Swain said the case would be processed if Henryx complied, but the action would be dismissed if he did not. She also denied permission to appeal without prepaying fees.
The detailed version
- Henryx v. Radhakrishnan · No. 1:23-cv-00627
- Laura Swain
- Jan. 27, 2023
Background
Christopher A. Henryx brought this civil action pro se, meaning without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed in forma pauperis (IFP), which is permission to proceed without prepaying court fees.
Order
The court explained that proceeding with a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application. The court ordered Henryx, within 30 days of the order, to do one of those two things. If he submitted the application, it had to identify docket number 23-CV-627 (LTS). The court would decide whether to grant permission to proceed without prepayment after receiving the application.
The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if Henryx complied, and that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition
Judge Laura Taylor Swain issued an order directing payment of the fee or submission of an IFP application. The opinion did not decide the underlying claims against Aditya Radhakrishnan or the other defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.