Adeniji v. Mayorkas
- Laura Swain
- 1:23-cv-08955
- U.S. District Court · Southern District of New York
- 4
In Adeniji v. Mayorkas, Judge Swain ordered payment of fees or a fee-waiver application within 30 days.
Oluseyi Adeniji, who must either pay the required fees or submit an application to proceed without prepaying fees within 30 days.
What happened
In Adeniji v. Mayorkas, Oluseyi Adeniji brought the case without a lawyer but did not submit the required filing fees or an application to proceed without prepaying fees.
The court gave Adeniji 30 days to pay $402—$350 filing fee plus $52 administrative fee—or submit a signed application asking to proceed without prepaying fees. No summons would issue at that time, and failure to comply would result in dismissal of the action.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal, certifying that an appeal from the order would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Adeniji v. Mayorkas · No. 1:23-cv-08955
- Laura Swain
- Oct. 13, 2023
Background
Oluseyi Adeniji filed this action against Secretary Alejandro Mayorkas, the Department of Homeland Security, and an agency. The opinion states that Adeniji is representing himself. The complaint was submitted without the required fees and without an application to proceed in forma pauperis (IFP), meaning without prepaying court fees.
Court’s Order
The court ordered Adeniji, 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 a signed IFP application. The court explained that, if it grants the application, Adeniji may proceed without prepaying the fees. The application should identify docket number 23-CV-8955 (UA).
No summons was to issue at that time. The court stated that, if Adeniji complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the permitted time, the action will be dismissed.
Appeal and Scope of the Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed filing-fee requirements and did not decide the merits of Adeniji’s underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.