Vayani v. 146 West 29th Street Owners Corporation
- John Koeltl
- 1:24-cv-00196
- U.S. District Court · Southern District of New York
- 4
In Vayani v. 146 West 29th Street Owners Corporation, Judge Swain ordered payment or an application to proceed without fees within 30 days.
Abdul Khaliq Vayani must either pay the required $405 in fees or submit a signed application to proceed without prepaying them within 30 days; otherwise, the action will be dismissed. The defendants are not affected by a merits ruling in this order.
What happened
Abdul Khaliq Vayani filed Vayani v. 146 West 29th Street Owners Corporation without paying the required fees or submitting an application to proceed without prepaying them. The order states that Vayani is representing himself.
The court gave Vayani 30 days to pay $405, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed application showing that he cannot afford to pay upfront. No summons will issue at this time. If Vayani does not comply, the action will be dismissed.
Chief United States District Judge Laura Taylor Swain also stated that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Vayani v. 146 West 29th Street Owners Corporation · No. 1:24-cv-00196
- John Koeltl
- Jan. 11, 2024
Background
Abdul Khaliq Vayani filed this civil action without paying the required filing fees and without submitting an application to proceed without prepaying fees. The order states that Vayani is proceeding without a lawyer.
Order
The court explained that a plaintiff must either pay $405 in fees—a $350 filing fee plus a $55 administrative fee—or submit a signed application to proceed without prepayment of fees. The court ordered Vayani, within 30 days of the order, to do one of those two things. If he submits the application, it must identify docket number 24-CV-00196 (LTS). If the court grants the application, Vayani may proceed without paying the fees upfront.
No summons will issue at this time. The action will be processed under the Clerk’s Office procedures if Vayani complies. If he does not comply within the allotted time, the action will be dismissed.
Appeal-related ruling
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied authorization to proceed without prepaying fees for an appeal. This order addresses the filing-fee requirement and does not decide the underlying claims described in the complaint.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.