Madson v. Fato
- Laura Swain
- 1:23-cv-01482
- U.S. District Court · Southern District of New York
- 4
In Madson v. Fato, Judge Swain ordered Joshua Olin Madson to pay filing fees or submit an application to proceed without prepayment.
Joshua Olin Madson, who filed the action without a lawyer; the action also names Lucy Fato and Peter Zaffino as defendants.
What happened
Joshua Olin Madson filed Madson v. Fato without paying the required fees or submitting an application to proceed without prepaying them. The order does not describe the claims against Lucy Fato and Peter Zaffino.
The court gave Madson 30 days to pay $402 or submit a signed application showing that he cannot afford the fees. No summons will issue yet, and the case will be processed if he complies. If he does not comply on time, the action will be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not decide the underlying claims.
The detailed version
- Madson v. Fato · No. 1:23-cv-01482
- Laura Swain
- Mar. 2, 2023
Background
Joshua Olin Madson filed this action without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court directed Madson, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed IFP application. The application was to identify docket number 23-CV-1482 (LTS). If the court grants the application, Madson may proceed without prepaying the fees.
The court ordered that no summons issue at that time. If Madson 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 and disposition
The court certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order addresses filing fees and permission to proceed without prepayment; it does not decide the underlying claims against Lucy Fato and Peter Zaffino.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.