Henryx v. Radhakrishnan
- Paul Gardephe
- 1:23-cv-00831
- U.S. District Court · Southern District of New York
- 4
In Henryx v. Radhakrishnan, Judge Swain ordered Christopher A. Henryx to pay $402 or request permission to proceed without prepaying fees.
Christopher A. Henryx, who must either pay the required fees or submit an application to proceed without prepaying them within 30 days; the case will be dismissed if he does neither.
What happened
In Henryx v. Radhakrishnan, Christopher A. Henryx filed a lawsuit without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that he was representing himself.
The court gave Henryx 30 days from February 8, 2023, to either pay $402 or submit a signed application showing that he could not afford the fees. No summons would issue at that time. The court said the action would be dismissed if he did not comply within the deadline.
Judge Laura Taylor Swain issued the order. She also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Henryx v. Radhakrishnan · No. 1:23-cv-00831
- Paul Gardephe
- Feb. 8, 2023
Background
Christopher A. Henryx filed this action against Aditya Radhakrishnan and other defendants without paying the required filing fees and without submitting an application to proceed without prepaying fees. The opinion states that Henryx was representing himself.
Order
The court explained that a plaintiff must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without prepaying fees under 28 U.S.C. §§ 1914 and 1915. The court directed Henryx to do one of those things within 30 days of the order. If he submitted the application, it had to identify docket number 23-CV-0831 (LTS). The court stated that, if it granted the application, Henryx could proceed without prepaying the fees.
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, but that the action would be dismissed if he failed to comply within the allowed time.
Appeal-Fee Ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. She therefore denied permission to appeal without prepaying fees. The order did not decide the underlying claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.