Genao v. The City of New York
- Laura Swain
- 1:23-cv-11186
- U.S. District Court · Southern District of New York
- 4
In Genao v. City of New York, Chief Judge Swain ordered payment or an application to proceed without prepaying fees within 30 days.
Antonio Genao, who must either pay the required $405 in fees or submit an application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Genao v. The City of New York, Antonio Genao filed a civil action without paying the required $405 in fees or submitting an application to proceed without prepaying fees. The opinion states that he is representing himself.
The court ordered Genao, within 30 days, to either pay the fees or submit the provided application. No summons will issue yet, and the case will be processed if he complies. If he does not comply on time, the action will be dismissed.
Chief Judge Laura Taylor Swain also stated that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the claims against the City.
The detailed version
- Genao v. The City of New York · No. 1:23-cv-11186
- Laura Swain
- Jan. 4, 2024
Background
Antonio Genao filed this civil action without paying the $405 filing and administrative fees required to proceed in the court. He also did not submit an application to proceed without prepaying fees, commonly called an IFP application. The opinion states that Genao is representing himself.
Order
The court ordered Genao to do one of two things within 30 days of the order: pay $405 in fees or submit the attached, signed IFP application. If the court grants the application, Genao may proceed without paying the fees in advance. The application must identify docket number 23-CV-11186 (LTS).
No summons will issue at this time. If Genao complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and Scope of 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 permission to proceed without prepaying fees for purposes of an appeal. This order addressed fees and the filing requirements only; it did not decide the merits of Genao’s claims against the City.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.