Mongiello v. Indymac Bank, F.S.B.
- Kenneth Karas
- 7:24-cv-02290
- U.S. District Court · Southern District of New York
- 4
In Mongiello v. Indymac Bank, Judge Swain ordered the pro se plaintiff to pay fees or submit an IFP application within 30 days.
Christopher M. Mongiello, who must either pay the $405 in fees or submit a signed application to proceed without prepaying fees within 30 days for the action to continue processing.
What happened
In Mongiello v. Indymac Bank, F.S.B., Christopher M. Mongiello filed a civil action without paying the required $405 in fees or submitting an application to proceed without prepaying fees.
The court ordered Mongiello to pay the fees or submit a signed application within 30 days. No summons would issue at that time, and the action would be dismissed if he did not comply. If the court granted the application, he could proceed without prepaying the fees.
Chief Judge Laura Taylor Swain issued the order on March 27, 2024. The order did not address the merits of Mongiello’s claims and denied payment-free status for any appeal.
The detailed version
- Mongiello v. Indymac Bank, F.S.B. · No. 7:24-cv-02290
- Kenneth Karas
- Mar. 27, 2024
Background
Christopher M. Mongiello brought the action without a lawyer. He submitted a complaint but did not pay the required filing fees and administrative fee, totaling $405, and did not submit an application to proceed without prepaying fees.
Order
The court directed Mongiello, within 30 days of the order, to do one of two things: pay the $405 in fees or submit a signed application to proceed without prepaying fees. The application had to identify docket number 24-CV-2290 (LTS). If the court granted the application, Mongiello would be permitted to proceed without paying the fees in advance.
The court ordered that no summons issue at that time. If Mongiello complied, the Clerk’s Office would process the case under its procedures. If he failed to 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 payment-free status for purposes of an appeal.
Effect of the Order
The order addressed filing requirements and did not decide the merits of Mongiello’s claims against Indymac Bank, F.S.B. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.