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S.D.N.Y.Procedural orderFiled Aug. 7, 2023

Biguvu v. JP Morgan Chase & Co.

Judge
Gregory Woods
Docket
1:23-cv-06026
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Biguvu v. JP Morgan Chase & Co., Judge Swain ordered payment or an IFP application before the case could proceed.

Who this affects

Paul Biguvu, who must either pay the required fees or submit an IFP application for the action to proceed.

What happened

In Biguvu v. JP Morgan Chase & Co., Paul Biguvu filed the action without paying the required fees or submitting an application to proceed without prepaying them. The opinion says he was representing himself.

The court ordered Biguvu, within 30 days, to pay $402 or submit a signed application to proceed without prepaying fees. No summons would be issued at that time, and the action would be dismissed if he did not comply. If the application were granted, he could proceed without paying the fees in advance.

Chief United States District Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appeal fees.

The detailed version

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

Case
Biguvu v. JP Morgan Chase & Co. · No. 1:23-cv-06026
Judge
Gregory Woods
Date
Aug. 7, 2023

Background

Paul Biguvu brought the action representing himself. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.

Order

The court explained that beginning a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The court gave Biguvu 30 days from the order’s date to pay the fees or submit the application, labeled with docket number 23-CV-6026.

The order stated that, if the court granted the IFP application, Biguvu could proceed without paying the fees in advance. No summons would be issued at that time. If Biguvu did not comply within the allowed period, the action would be dismissed. The order did not decide the underlying claims against JP Morgan Chase & Co.

Appeal

The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order was signed by Laura Taylor Swain, Chief United States District Judge.

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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