Ryzhov v. $5
Ryzhov v. $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA
- Jesse Furman
- 1:23-cv-01072
- U.S. District Court · Southern District of New York
- 2
In Ryzhov v. $5,379,876.94, Judge Swain ordered payment or an IFP application before the case could proceed.
Evgeny Ryzhov, who must pay the required fee or submit an IFP application within 30 days to avoid dismissal without prejudice.
What happened
Evgeny Ryzhov brought Ryzhov v. $5,379,876.94 in United States Currency Formerly on Deposit in Sunflower Bank, NA without a lawyer. He sent a personal check for the required $402 fee, but the court’s Finance Department does not accept personal checks.
The court ordered Ryzhov, within 30 days, either to pay the $402 fee by an accepted method or submit a signed application to proceed without paying fees upfront. The court directed the Finance Department to return his personal check. The order also noted that he might instead have intended to file a motion in a prior related proceeding, which would not require a filing fee.
If Ryzhov does not comply, the action will be dismissed without prejudice. Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Ryzhov v. $5 · No. 1:23-cv-01072
- Jesse Furman
- Feb. 13, 2023
Background
Evgeny Ryzhov filed this civil action without a lawyer. To begin a civil action in the Southern District of New York, a plaintiff must either pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying those fees, commonly called an IFP application.
Ryzhov submitted a personal check for $402 with his complaint. The court stated that its Finance Department does not accept personal checks. The order also noted that Ryzhov may have intended to file a motion in a prior related proceeding, No. 1:22-CV-10148 (JMF), rather than start a new civil action. The court stated that filing a motion in that proceeding would not require a fee.
Order
The court ordered Ryzhov, within 30 days of the order, to either pay the $402 fee by certified check, money order, credit card, or cash, or submit the attached IFP application. The court directed the Finance Department to return the personal check to Ryzhov. The order states that the action will be dismissed without prejudice if he fails to comply within the allowed time.
Appeal
The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.