Ryzhov v. $5
Ryzhov v. $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA
- Jesse Furman
- 1:23-cv-01072
- U.S. District Court · Southern District of New York
- 1
In Ryzhov v. $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA, Judge Furman dismissed the complaint without prejudice because Ryzhov neither paid the filing fee nor submitted the required amended application.
Evgeny Ryzhov’s complaint was dismissed without prejudice. He was told he could move to reopen within 60 days by paying the $402 filing fee. The court also denied permission to appeal without prepaying fees.
What happened
Ryzhov v. $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA involved a filing-fee requirement in a civil case in the Southern District of New York.
The court had ordered Evgeny Ryzhov to submit an amended application to proceed without prepaying fees or pay the required $402 filing fee within 30 days. Ryzhov filed an amended complaint but did neither of those things.
Judge Jesse M. Furman dismissed the complaint without prejudice. The court said Ryzhov could ask to reopen the case within 60 days by paying the filing fee, but denied permission to appeal without prepaying fees because any appeal would not be taken in good faith.
The detailed version
- Ryzhov v. $5 · No. 1:23-cv-01072
- Jesse Furman
- Apr. 20, 2023
Background
On March 17, 2023, the court ordered Plaintiff Evgeny Ryzhov, within 30 days, either to submit an amended application to proceed without prepaying filing fees or to pay the $402 filing fee required to bring a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Ryzhov filed an amended complaint, but he did not submit the amended application or pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar the plaintiff from seeking to proceed with the case again. The court stated that Ryzhov could move to reopen the case within 60 days upon payment of the filing fee.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Effect
The opinion disposes of the complaint because Ryzhov did not comply with the court’s filing-fee or amended-application requirement. It does not decide the underlying claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.