Cutting v. Riveles Wahab LLP
- Vernon Broderick
- 1:23-cv-06040
- U.S. District Court · Southern District of New York
- 4
In Cutting v. Riveles Wahab LLP, Judge Swain ordered Shawn C. Cutting to pay fees or submit an IFP application within 30 days.
Shawn C. Cutting, whose case must either be accompanied by the required $402 in fees or supported by a signed application to proceed without prepaying fees.
What happened
In Cutting v. Riveles Wahab LLP, Shawn C. Cutting filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Cutting 30 days to pay $402 or submit a signed application asking to proceed without prepayment. No summons would issue at that time, and the court said the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Cutting v. Riveles Wahab LLP · No. 1:23-cv-06040
- Vernon Broderick
- July 18, 2023
Background
Shawn C. Cutting brought the action pro se, meaning without a lawyer. The complaint was submitted without the required filing and administrative fees and without an application to proceed without prepaying fees.
Order
The court directed Cutting, within 30 days of the order, either to pay $402 in fees or to submit a signed application to proceed in forma pauperis (IFP), meaning without prepaying court fees. If the court grants the application, Cutting may proceed without prepayment. The court directed that no summons issue at that time and stated that the action would be dismissed if Cutting failed to comply within the allowed period.
Appeal-related ruling
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.
Disposition
The order directs payment of the filing fees or submission of an IFP application; it does not state that the action was dismissed at this stage.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.