Ahmed v. Schumer
- Laura Swain
- 1:23-cv-04724
- U.S. District Court · Southern District of New York
- 2
In Ahmed v. Schumer, Judge Swain ordered Ahmed to submit acceptable filing-fee payment within 30 days or face dismissal without prejudice.
Jamoda Fuller Ahmed, whose civil action was conditioned on timely payment of the full filing fee through an acceptable method.
What happened
In Ahmed v. Schumer, Jamoda Fuller Ahmed filed a civil complaint and submitted a money order for $384 and a personal check for $18 toward the required $402 filing fee.
The court ordered the Clerk to return both payments because the full fee was not paid using an acceptable payment method. Ahmed was given 30 days to pay the full fee by certified check, money order, major credit card, or cash in person; personal checks were not accepted.
Judge Laura Taylor Swain stated that the action would be dismissed without prejudice if Ahmed did not pay within 30 days. The court also denied permission to appeal without paying because it certified that an appeal would not be taken in good faith.
The detailed version
- Ahmed v. Schumer · No. 1:23-cv-04724
- Laura Swain
- June 9, 2023
Background
Jamoda Fuller Ahmed filed a civil action and paid $402 in filing fees by submitting a $384 money order and an $18 personal check. The court determined that the full fee had not been paid using an acceptable payment method.
Court’s Order
The court directed the Clerk of Court to return both the money order and the personal check. It directed Ahmed to submit the full $402 filing fee within 30 days using an acceptable form of payment. 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. It stated that personal checks were not acceptable.
The court warned that if Ahmed failed to pay the full filing fee within 30 days of the order, the action would be dismissed without prejudice, meaning the order would not bar refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
Disposition
The Clerk was ordered to return the two submitted payments. Ahmed was ordered to submit the full filing fee through an acceptable payment method within 30 days. The action was not dismissed in this order; the court stated that dismissal without prejudice would occur if the fee was not timely paid.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.