Tripathy v. McClowski
- Cathy Seibel
- 7:21-cv-06584
- U.S. District Court · Southern District of New York
- 2
In Tripathy v. McClowski, Judge Seibel ordered return of an unacceptable $505 check and denied permission to appeal without paying fees.
Sanjay Tripathy’s attempt to pay the filing fee for an interlocutory appeal was affected: his personal check was ordered returned, and he was required to use an accepted payment method. The Court also denied permission to appeal this Order without paying the fee.
What happened
In Tripathy v. McClowski, Sanjay Tripathy apparently tried to pay the filing fee for an interlocutory appeal with a personal check for $505. The court said that type of check was not accepted for that purpose.
The court directed the Clerk of Court to return the check. It explained that Tripathy could pay the fee in person by credit card or cash, or by mailing a certified check or money order with the case number.
Judge Seibel also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without paying the fee.
The detailed version
- Tripathy v. McClowski · No. 7:21-cv-06584
- Cathy Seibel
- Mar. 23, 2023
Background
The Finance Department issued a deficiency notice after receiving Plaintiff’s personal check #035 for $505. The opinion states that Plaintiff was apparently trying to pay the filing fee for an interlocutory appeal, but the Finance Department does not accept a personal check for that purpose. The payment was being held pending further order of the Court.
Payment instructions and order
The Court explained that the filing fee could be paid in person by credit card or cash at the courthouse. It could also be paid by certified check or money order payable to “Clerk of Court – SDNY” and mailed to the Cashiers Unit at the courthouse. Any certified check or money order had to include case number 21-CV-6584 (CS).
The Court directed the Clerk of Court to return Plaintiff’s personal check #035 for $505. It stated that, if Plaintiff wished to pursue the appeal, he had to submit the fee using one of the acceptable payment methods.
Appeal status
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. It therefore denied in forma pauperis status—the permission to proceed without paying the required fee—for purposes of an appeal from this Order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.