Quaglia v. Eliakostas
- Laura Swain
- 1:23-cv-01361
- U.S. District Court · Southern District of New York
- 4
In Quaglia v. Eliakostas, Judge Swain ordered pro se plaintiff Francis M. Quaglia to pay fees or apply to proceed without prepayment.
Francis M. Quaglia and the further processing of his action against John Eliakostas and the other defendants.
What happened
In Quaglia v. Eliakostas, Francis M. Quaglia filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Quaglia 30 days to pay $402 or submit a signed application explaining why he could not pay. No summons will issue yet, and the case will be processed if he complies; otherwise, the action will be dismissed.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Quaglia v. Eliakostas · No. 1:23-cv-01361
- Laura Swain
- Feb. 21, 2023
Background
Francis M. Quaglia, doing business as Full Circle Glass Studio, Inc., filed this action pro se, meaning without a lawyer. He submitted the complaint without paying the required filing fees and without an application to proceed without prepaying fees.
Order
The court ordered Quaglia, within 30 days of February 21, 2023, to either pay $402 in fees or submit the attached application to proceed without prepaying fees. The $402 consists of a $350 filing fee and a $52 administrative fee. If the court grants the application, Quaglia may proceed without paying the fees in advance.
The court ordered that no summons issue at this time. If Quaglia complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified that any 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 against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.