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S.D.N.Y.Procedural orderFiled Aug. 2, 2023

Futia v. Briccetti

Judge
Laura Swain
Docket
1:23-cv-06031
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Futia v. Briccetti, Judge Swain ordered the plaintiff to pay fees or submit an IFP application, or face dismissal.

Who this affects

Anthony J. Futia, Jr., who must either pay the $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; the court also stated that the action would be dismissed if he failed to comply.

What happened

In Futia v. Briccetti, Anthony J. Futia, Jr. filed a civil action without paying the required fees or submitting an application to proceed without paying them upfront.

The court ordered Futia, within 30 days, to pay $402 or submit a signed application to proceed without prepaying fees. 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 denied permission to appeal without prepaying fees, certifying that an appeal from the order would not be taken in good faith.

The detailed version

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

Case
Futia v. Briccetti · No. 1:23-cv-06031
Judge
Laura Swain
Date
Aug. 2, 2023

Background

Anthony J. Futia, Jr. brought this civil action without a lawyer. He submitted a complaint but did not pay the required filing and administrative fees and did not submit an application to proceed without prepaying fees, commonly called an IFP application.

Order

The court ordered Futia, within 30 days of the order, to either pay $402 in fees—$350 for the filing fee and $52 for the administrative fee—or submit a signed IFP application. The application had to identify docket number 23-CV-6031 (LTS). If the court granted the application, Futia would be allowed to proceed without paying the fees upfront.

The court ordered that no summons issue at that time. If Futia complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.

Appeal

The court certified that an 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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