McCarthy v. Qatar Airways, Q.C.S.C.
- Laura Swain
- 1:23-cv-11200
- U.S. District Court · Southern District of New York
- 2
In McCarthy v. Qatar Airways, Judge Swain ordered payment of $405 or an IFP application within 30 days before the case proceeds.
Ana McCarthy, the plaintiff proceeding without a lawyer, must either pay the required fees or submit an application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
In McCarthy v. Qatar Airways, Q.C.S.C., Ana McCarthy filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that McCarthy is representing herself.
The court ordered McCarthy, within 30 days, either to pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepayment. No summons would issue at that time. If she failed to comply, the action would be dismissed.
The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith. Judge Laura Taylor Swain did not address the underlying claims.
The detailed version
- McCarthy v. Qatar Airways, Q.C.S.C. · No. 1:23-cv-11200
- Laura Swain
- Jan. 16, 2024
Background Ana McCarthy filed this action against Qatar Airways, Q.C.S.C. The opinion states that McCarthy is proceeding without a lawyer. She submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees.
Court’s Order The court explained that a plaintiff must either pay $405—$350 for the filing fee and $55 for the administrative fee—or submit a signed application to proceed without prepaying fees. The court gave McCarthy 30 days from the date of the order to choose one of those options. If she submitted the application, it was to identify docket number 23-CV-11200 (LTS). If the court granted the application, she could proceed without prepaying the fees.
The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if McCarthy complied, but that the action would be dismissed if she did not comply within the allowed time.
Appeal and Disposition The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain’s order addressed filing-fee and payment requirements; it did not decide the underlying claims against Qatar Airways.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.