Woodmont Ramapo, LLC v. Parks
- Vincent Briccetti
- 7:23-cv-00594
- U.S. District Court · Southern District of New York
- 4
In Woodmont Ramapo v. Parks, Judge Swain ordered Parks to pay fees or submit an application to proceed without prepaying them.
Anthony Parks must either pay the fees or submit a signed application to proceed without prepaying them within 30 days; failure to comply will result in dismissal of the action.
What happened
In Woodmont Ramapo, LLC v. Parks, Defendant Anthony Parks filed a notice asking to move the case to federal court without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Parks, who was representing himself, to pay $402 or submit a signed application within 30 days. The court also said no summons would issue at that time and warned that failure to comply would lead to dismissal of the action.
Judge Laura Taylor Swain issued the order. She also determined that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Woodmont Ramapo, LLC v. Parks · No. 7:23-cv-00594
- Vincent Briccetti
- Feb. 2, 2023
Background
Anthony Parks filed a notice of removal without paying the required filing fees and without submitting an application to proceed without prepaying fees. The opinion states that Parks was representing himself.
Order
The court directed Parks, within 30 days of the order, to either pay $402 in fees or submit a signed application to proceed without prepaying fees. The order states that the fees consist of a $350 filing fee and a $50 administrative fee. If the application is granted, Parks may proceed without paying the fees in advance.
The court ordered that no summons issue at that time. It stated that, if Parks complies, the case will be processed under the Clerk's Office procedures; if he does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.