Mongiello v. HSBC Bank USA NA
- Kenneth Karas
- 7:24-cv-02291
- U.S. District Court · Southern District of New York
- 4
In Mongiello v. HSBC Bank USA NA, Judge Swain ordered the pro se plaintiff to pay fees or apply to proceed without prepayment.
Christopher M. Mongiello must either pay $405 or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. The order also denies permission to proceed without prepaying fees for an appeal.
What happened
In Mongiello v. HSBC Bank USA NA, Christopher M. Mongiello filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Mongiello, within 30 days, to pay $405 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if he did not comply.
Chief Judge Laura Taylor Swain also denied without-prepayment status for any appeal, after certifying that an appeal from the order would not be taken in good faith.
The detailed version
- Mongiello v. HSBC Bank USA NA · No. 7:24-cv-02291
- Kenneth Karas
- Mar. 27, 2024
Background
Christopher M. Mongiello filed this civil action without paying the required filing fees and without submitting an application to proceed without prepaying fees. The opinion states that Mongiello is representing himself.
Order
The court explained that filing a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915.
The court gave Mongiello 30 days from the date of the order to pay the $405 or submit the attached application. If the court grants the application, he may proceed without prepaying the fees. The application was to identify docket number 24-CV-2291 (LTS).
No summons would issue at that time. The case would be processed under the Clerk’s Office procedures if Mongiello complied. If he failed to comply within the allowed time, the action would be dismissed.
Appeal-related ruling
The court certified 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 order was signed by Chief United States District Judge Laura Taylor Swain. The opinion does not decide the underlying claims against HSBC Bank USA NA or the other defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.