Chan v. Backstage.com
- Laura Swain
- 1:23-cv-08428
- U.S. District Court · Southern District of New York
- 4
In Chan v. Backstage.com, Judge Swain ordered Larry Chan to pay fees or submit an IFP application within 30 days.
Larry Chan, who must either pay the $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action.
What happened
In Chan v. Backstage.com, Larry Chan brought the case without a lawyer but submitted neither the required fees nor an application to proceed without paying them upfront.
The court ordered Chan, within 30 days, to pay $402 or submit a signed application showing that he could not afford the fees. No summons would issue at that time, and the case would be processed if he complied; otherwise, the action would be dismissed.
Judge Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Chan v. Backstage.com · No. 1:23-cv-08428
- Laura Swain
- Sept. 25, 2023
Background
Larry Chan brought this action without a lawyer. He submitted his complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying those fees.
Order
The court explained that a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application to proceed without prepaying fees. The court gave Chan 30 days from the date of the order to do one of those things. If he submitted the application, it was to identify docket number 23-CV-8428 (LTS). The court could allow him to proceed without prepaying fees if it granted the application.
No summons would issue at that time. If Chan complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal-fee ruling
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing-fee requirements and did not decide the underlying claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.