Brikman v. Westchester Medical Center Advanced Physician Services, P.C.
- Philip Halpern
- 7:23-cv-10749
- U.S. District Court · Southern District of New York
- 2
In Brikman v. Westchester Medica Center, Judge Swain ordered payment or an IFP application within 30 days and postponed issuing a summons.
Igor Brikman, who must either pay $405 in fees or submit a signed IFP application within 30 days to avoid dismissal of the action.
What happened
In Brikman v. Westchester Medica Center Advanced Physician Services, P.C., Igor Brikman filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Brikman was representing himself.
The court ordered Brikman, within 30 days, either to pay $405 in filing and administrative fees or submit a signed application to proceed without prepayment. No summons would be issued at that time. The court also stated that the action would be dismissed if he did not comply within the deadline.
Judge Laura Taylor Swain issued the order on January 2, 2024. She 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
- Brikman v. Westchester Medical Center Advanced Physician Services, P.C. · No. 7:23-cv-10749
- Philip Halpern
- Jan. 2, 2024
Background
Igor Brikman brought this civil action without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees, commonly called an IFP application.
Order
The court explained that proceeding with a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed IFP application requesting permission to proceed without prepaying those fees. The court ordered Brikman to take one of those steps within 30 days and instructed him to label any IFP application with docket number 23-CV-10749 (LTS).
The court stated that, if it granted the IFP application, Brikman would be allowed to proceed without prepaying the fees. No summons would issue at that time. If Brikman did not comply within the allowed period, the action would be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition
This is a procedural order directing payment of fees or submission of an IFP application; it does not decide the underlying claims. Judge Laura Taylor Swain issued and signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.