Lovallo v. New York City Department of Education

Background

Jody A. Lovallo filed this action without paying the required fees and without submitting an application to proceed without prepaying fees. The opinion states that Lovallo is proceeding without a lawyer. The caption also lists additional defendants as “et al.”

Court’s order

The court explained that a civil action in the Southern District of New York requires either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application to proceed without prepaying fees. The court directed Lovallo, within 30 days of the order, to do one of those two things. If Lovallo submits the application, it must identify docket number 23-CV-0834 (LTS). If the court grants the application, Lovallo may proceed without prepaying the fees.

No summons will issue at this time. If Lovallo complies with the order, the Clerk’s Office will process the case under its procedures. If Lovallo does not comply within the allowed time, the action will be dismissed.

Appeal-related ruling

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addresses filing fees and case processing; it does not decide the underlying claims.

Disposition

Judge Laura Taylor Swain ordered Lovallo to pay the required fees or submit an application to proceed without prepaying fees. The opinion does not state that the action had already been dismissed.