Debellis v. Sanchez
- Laura Swain
- 1:24-cv-00764
- U.S. District Court · Southern District of New York
- 4
In Debellis v. Sanchez, Judge Swain ordered Debellis to pay $405 or submit an application to proceed without paying fees upfront.
Anthony Debellis must either pay $405 or submit a signed application to proceed without prepaying fees within 30 days of the February 5, 2024 order. The action may be dismissed if he does not comply.
What happened
In Debellis v. Sanchez, Anthony Debellis filed a civil action without paying the required fees or submitting an application to proceed without paying fees upfront. The opinion does not describe the underlying claims.
The court gave Debellis 30 days from February 5, 2024, to pay $405 or submit a signed application asking to proceed without paying the fees upfront. The court said no summons would issue at that time and that the case would be processed if Debellis complied.
If Debellis did not comply within the deadline, the action would be dismissed. The court also denied fee-free status for any appeal and entered the order through Chief Judge Laura Taylor Swain.
The detailed version
- Debellis v. Sanchez · No. 1:24-cv-00764
- Laura Swain
- Feb. 5, 2024
Background
Anthony Debellis brought this civil action against Alexander Sanchez, Esq., and proceeded without a lawyer. Debellis submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed in forma pauperis (IFP), meaning without prepaying court fees. The opinion does not describe the claims or the events underlying the lawsuit.
Order
The court ordered Debellis, within 30 days of the February 5, 2024 order, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed IFP application. The application was required to use docket number 24-CV-0764 (LTS). The court explained that, if it granted the application, Debellis could proceed without prepaying the fees.
The court directed that no summons issue at that time. It stated that, if Debellis complied with the order, the case would be processed under the Clerk’s Office procedures. If Debellis failed to comply within the allowed time, the action would be dismissed.
Appeal-related ruling
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 IFP status for purposes of an appeal. Chief United States District Judge Laura Taylor Swain signed the order.
Disposition and classification
The order directs Debellis to pay the fees or submit an IFP application; it does not decide the merits of the underlying action. It also denies IFP status for an appeal. This is classified as a procedural order because it addresses filing-fee and IFP requirements rather than the legal claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.