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S.D.N.Y.Procedural orderFiled Feb. 16, 2023

Teman v. Does 1-10

Judge
Andrew Carter
Docket
1:23-cv-01296
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Teman v. Does 1-10, Judge Swain ordered Ari Teman to pay fees or submit an IFP application within 30 days.

Who this affects

Ari Teman and the processing of this action. Teman was required to pay $402 or submit an application to proceed without prepaying fees within 30 days, or the action would be dismissed.

What happened

In Teman v. Does 1-10, Ari Teman filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.

The court ordered Teman, who was representing himself, to pay $402 or submit a signed application to proceed without prepayment within 30 days. The court directed that no summons issue yet and stated that the action would be dismissed if Teman did not comply.

Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith. This order did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Teman v. Does 1-10 · No. 1:23-cv-01296
Judge
Andrew Carter
Date
Feb. 16, 2023

Background

Ari Teman filed this civil action without paying the required filing fees and without submitting an application to proceed without prepaying fees. The opinion states that Teman was proceeding without a lawyer.

Order

The court explained that a civil action in the district court requires payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application.

The court ordered Teman, within 30 days of the order, either to pay the $402 or submit the attached application. The application was to identify docket number 23-CV-1296 (LTS). The court stated that, if it granted the application, Teman could proceed without prepaying the fees.

No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Teman complied, and that the action would be dismissed if Teman failed to comply within the allowed period.

Appeal and Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing-fee requirements and case processing; it did not decide the merits of Teman’s underlying claims.

The opinion was signed by Chief United States District Judge Laura Taylor Swain.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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