Panuccio v. Weichert Workforce Mobility, Inc.
- Laura Swain
- 7:23-cv-01366
- U.S. District Court · Southern District of New York
- 4
In Panuccio v. Weichert Workforce Mobility, Inc., Judge Swain ordered Makasi to pay fees or apply for a fee waiver, and denied a fee waiver for appeal.
Makasi was required to pay the $402 filing and administrative fees or submit an IFP application within 30 days, or Makasi would be dismissed from the action. Panuccio and Makasi were both proceeding without lawyers. The order also denied IFP status for an appeal.
What happened
In Panuccio v. Weichert Workforce Mobility, Inc., Panuccio and Makasi brought the action without lawyers. Makasi submitted the complaint without paying the required fees or filing an application to proceed without prepaying them.
The court gave Makasi 30 days to pay $402 or submit a signed application showing an inability to pay. The court said no summons would issue at that time and that Makasi would be dismissed from the action if Makasi did not comply. The court also denied permission to proceed without prepaying fees for an appeal.
Chief United States District Judge Laura Taylor Swain issued the order on March 2, 2023. The order did not decide the parties’ underlying claims.
The detailed version
- Panuccio v. Weichert Workforce Mobility, Inc. · No. 7:23-cv-01366
- Laura Swain
- Mar. 2, 2023
Background
Panuccio and Makasi brought the action without lawyers. The court explained that starting a civil action required payment of $402: a $350 filing fee and a $52 administrative fee, unless each plaintiff submitted a signed application to proceed without prepaying fees, commonly called an IFP application.
Makasi submitted the complaint without paying the fees and without submitting an IFP application.
The Court’s Order
The court ordered Makasi, within 30 days of the order, either to pay the $402 in fees or submit the attached IFP application. If Makasi submitted the application, it was to identify docket number 23-CV-1366 (LTS). The court stated that, if it granted the application, the plaintiffs would be allowed to proceed without prepaying fees.
No summons would issue at that time. If Makasi complied, the case would be processed under the Clerk’s Office procedures. If Makasi failed to comply within the permitted time, Makasi would be dismissed from the action. The order did not state that any dismissal would be with or without prejudice.
The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition and Effect
This was an administrative and fee-related order. It did not decide the merits of the claims against Weichert Workforce Mobility, Inc. or any other defendant. The immediate requirements applied to Makasi’s participation in the action.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.