Whitehead v. The Walt Disney Company

Background

David Louis Whitehead filed this action against The Walt Disney Company and other defendants. The opinion states that Whitehead is proceeding without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees.

Payment or fee-waiver application

The court explained that starting a civil action in the Southern District of New York requires either payment of $405—$350 for the filing fee and $55 for the administrative fee—or a signed application requesting permission to proceed without prepaying those fees. The court ordered Whitehead to do one of those two things within 30 days of the order. If he submits the application, it must identify docket number 24-CV-2283 (LTS). No summons will issue at this time. The court stated that the action will be dismissed if Whitehead does not comply within the permitted period.

Other rulings

The court denied Whitehead’s motion for an extension of time to pay the filing fee and directed the clerk to terminate that motion, identified as ECF 2. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, and denied permission to proceed without prepaying fees for purposes of an appeal. The opinion refers to Whitehead’s history of litigation and to leave-to-file restrictions imposed by multiple courts, citing a prior related proceeding by docket number 22-CV-0883 in the Southern District of New York. The order does not dismiss the action at this stage.