Grajales v. Lilly
- Laura Swain
- 1:23-cv-02493
- U.S. District Court · Southern District of New York
- 2
In Grajales v. Lilly, Judge Swain ordered the filing fee paid within 30 days or the action would be dismissed without prejudice.
Jose Grajales, whose action was required to pay the full $402 filing fee within 30 days to avoid dismissal without prejudice; the Clerk of Court was directed to return the submitted payments.
What happened
In Grajales v. Lilly, Jose Grajales filed a civil complaint but did not pay the full $402 filing fee. He submitted a $350 money order and an additional payment of three cents.
The court ordered the Clerk of Court to return those payments and directed Grajales to pay the full $402 within 30 days using an approved payment method, such as a certified check, money order, credit card, or cash paid in person. The court stated that the action would be dismissed without prejudice if he did not pay on time.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied in forma pauperis status for purposes of an appeal.
The detailed version
- Grajales v. Lilly · No. 1:23-cv-02493
- Laura Swain
- Apr. 6, 2023
Background
Jose Grajales filed a civil complaint on March 24, 2023. The filing fee for a civil action was $402. Grajales submitted a $350 money order and an additional payment of three cents, but the court determined that he had not paid the full fee.
Order
The court directed the Clerk of Court to return the money order and the three-cent payment. It directed Grajales to submit the full $402 within 30 days using an acceptable payment method. The order identified certified checks or money orders payable to the Clerk of Court for the Southern District of New York, major credit cards, and cash paid in person as acceptable methods. Any certified check or money order had to include case number 23-CV-2493 (LTS).
The court stated that if Grajales failed to pay the full filing fee within 30 days of the order, the action would be dismissed without prejudice, meaning the dismissal would not bar him from refiling the action. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying appellate fees for purposes of an appeal.
Disposition
The court ordered the return of the submitted payments and required payment of the full filing fee within 30 days. It did not decide the underlying claims against Eli Lilly and Company or the other defendants. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.