Doe v. The Federal Republic of Germany
- Vernon Broderick
- 1:23-cv-06395
- U.S. District Court · Southern District of New York
- 4
In Doe v. The Federal Republic of Germany, Judge Broderick ordered payment or an IFP application within 30 days, warning of dismissal.
Doe must either pay $402 in filing and administrative fees or submit an application to proceed without prepaying fees within 30 days of the order. The action will be dismissed if Doe does not comply. The order also denies permission to proceed without prepaying fees for an appeal.
What happened
In Doe v. The Federal Republic of Germany, Doe filed a civil action but did not pay the required filing fees or submit an application to proceed without prepaying them.
The court ordered Doe to pay $402 or submit the provided application within 30 days of the order. If the application is granted, Doe may proceed without paying the fees in advance; if Doe does not comply, the action will be dismissed.
Judge Vernon S. Broderick also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Doe v. The Federal Republic of Germany · No. 1:23-cv-06395
- Vernon Broderick
- Aug. 22, 2023
Background
Doe filed this action on July 24, 2023, using the court’s email system. The court stated that a new civil action requires a $402 payment: a $350 filing fee and a $52 administrative fee. A person who cannot pay may request permission to proceed without prepaying fees by submitting an application under 28 U.S.C. §§ 1914–1915.
Doe did not submit an application with the complaint, and 21 days had passed since the action was filed.
Order
The court ordered Doe, within 30 days of August 22, 2023, to do one of two things: pay the $402 in fees or submit the attached application to proceed without prepaying fees. The application was to identify docket number 23-CV-6395 (VSB). The court stated that, if it granted the application, Doe would be permitted to proceed without prepayment of fees. The court further stated that failure to comply within the allowed time would result in dismissal of the action.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal.
Disposition
The order directed Doe to pay the filing fees or submit an application to proceed without prepaying them. It did not decide the underlying claims against the defendants. The court was Vernon S. Broderick, United States District Judge.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.