Pedotti v. Beth Israel Medical Center
- Laura Swain
- 1:24-cv-02306
- U.S. District Court · Southern District of New York
- 4
In Pedotti v. Beth Israel Medical Center, Judge Swain ordered the plaintiff to pay $405 or request permission to proceed without prepaying fees within 30 days.
The order directly affects Holiday Oljii Anna Pedotti, II, who must either pay the required fees or submit an application to proceed without prepaying fees within 30 days. The case will be dismissed if the plaintiff does not comply, and no summons will issue at this time.
What happened
In Pedotti v. Beth Israel Medical Center, the pro se plaintiff filed a civil action without paying the required $405 in fees or submitting an application to proceed without prepaying fees.
The court ordered the plaintiff, within 30 days, to either pay the fees or submit the application. No summons will be issued at this time, and the order says the action will be dismissed if the plaintiff does not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Pedotti v. Beth Israel Medical Center · No. 1:24-cv-02306
- Laura Swain
- Mar. 27, 2024
Background
Holiday Oljii Anna Pedotti, II, filed this civil action against Beth Israel Medical Center and other defendants without paying the required filing fees and without submitting an application to proceed without prepaying fees. The opinion states that the plaintiff is proceeding without a lawyer.
Order
The court directed the plaintiff to take one of two actions within 30 days of the order: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed application to proceed without prepaying fees. If the application is granted, the plaintiff may proceed without paying the fees in advance. The application should identify docket number 24-CV-2306 (LTS).
The court ordered that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if the plaintiff complied, but that the action would be dismissed if the plaintiff failed to comply within the allowed period.
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. It therefore denied permission to proceed without prepaying fees for an appeal. The order addressed filing-fee and fee-waiver requirements; it did not decide the underlying claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.