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S.D.N.Y.Procedural orderFiled Aug. 30, 2023

Dobrev v. European Commissino with President Unker and Fon der Layen, Unker

Judge
Laura Swain
Docket
1:23-cv-07559
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Dobrev v. European Commission, Judge Swain ordered payment of filing fees or an application to proceed without prepayment.

Who this affects

Momtchil Dobrev must either pay the $402 in fees or submit a signed application to proceed without prepayment within 30 days; otherwise, the action will be dismissed.

What happened

In Dobrev v. European Commission, Momtchil Dobrev filed the case without paying the required fees or submitting an application to proceed without prepayment. The opinion does not decide the underlying claims.

The court gave Dobrev 30 days to pay $402 or submit a signed application showing an inability to pay. No summons will issue yet, and the action will be dismissed if Dobrev does not comply within that time.

Judge Laura Taylor Swain also stated that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.

The detailed version

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

Case
Dobrev v. European Commissino with President Unker and Fon der Layen, Unker · No. 1:23-cv-07559
Judge
Laura Swain
Date
Aug. 30, 2023

Background

Momtchil Dobrev brought the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepayment of fees, commonly called an IFP application.

Order

The court ordered Dobrev, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit the attached signed IFP application. If the court grants the application, Dobrev may proceed without paying the fees in advance.

Effect of the Order

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

The court also certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order does not resolve the underlying claims.

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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