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S.D.N.Y.Procedural orderFiled July 12, 2023

Lefkowitz v. Gualt

Judge
Laura Swain
Docket
1:23-cv-05813
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Lefkowitz v. Gualt, Judge Swain ordered the pro se plaintiff to pay $402 or submit an IFP application within 30 days.

Who this affects

Logan Lefkowitz must either pay $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action.

What happened

In Lefkowitz v. Gualt, Logan Lefkowitz filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.

The court gave Lefkowitz 30 days to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons will issue at this time.

If Lefkowitz does not comply, the action will be dismissed. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Lefkowitz v. Gualt · No. 1:23-cv-05813
Judge
Laura Swain
Date
July 12, 2023

Background

Logan Lefkowitz brought this civil action without a lawyer. The complaint was submitted without the required fees and without an application to proceed in forma pauperis (IFP), meaning without paying the filing fees in advance.

Court’s Order

The court directed Lefkowitz, within 30 days of the order, to either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or submit the attached signed IFP application. If the court grants the IFP application, Lefkowitz may proceed without prepaying the fees. The application was to identify docket number 23-CV-5813 (LTS).

No summons will issue at this time. If Lefkowitz complies, the case will be processed under the Clerk’s Office procedures. If Lefkowitz does not comply within the allowed time, the action will be dismissed.

Appeal

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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