Pesic v. Mauritius International Arbitration Centre Limited
- Jesse Furman
- 1:23-cv-01100
- U.S. District Court · Southern District of New York
- 4
Pesic v. Mauritius International Arbitration Centre, Judge Swain ordered payment or an IFP application before the case proceeds.
Plaintiff Peter Nikola Pesic, who must either pay $402 or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed. Mauritius International Arbitration Centre Limited is the named defendant, but the order does not decide the claims against it.
What happened
In Pesic v. Mauritius International Arbitration Centre Limited, Plaintiff Peter Nikola Pesic filed the action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Pesic was representing himself.
The court gave Pesic 30 days to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons would issue at that time, and the case would be processed if Pesic complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
The detailed version
- Pesic v. Mauritius International Arbitration Centre Limited · No. 1:23-cv-01100
- Jesse Furman
- Feb. 9, 2023
Background
Plaintiff Peter Nikola Pesic brought the action representing himself. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees. The opinion does not address the underlying claims against Mauritius International Arbitration Centre Limited.
Payment or fee-waiver requirement
The court explained that a civil action in the Southern District of New York requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead of paying, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application. The court directed Pesic, within 30 days of the order, to either pay the $402 or submit the attached application labeled with docket number 23-CV-1100 (LTS).
If the court grants the application, Pesic may proceed without prepaying the fees. No summons was to issue at that time. The order states that the case would be processed under the Clerk’s Office procedures if Pesic complied, but that the action would be dismissed if he failed to comply within the allowed time.
Appeal ruling and disposition
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This order addressed the filing-fee and fee-waiver requirements; it did not decide the merits of the lawsuit.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.